Montgomery v. Stephan’s Empirical Analysis

Citation profile

27 federal appellate · 5 district · 75 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 121 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'Were we to rule upon precedent alone, were stability the only reason for our being, we would have no trouble with this case. We would simply tell the woman to begone, and to take her shattered husband with her, that we need no longer be affronted by a sight so repulsive. In doing so we would have vast support from the dusty books. But dust [from] the decision would remain in our mouths through the years ahead, a reproach to law and conscience alike. Our oath is to do justice, not perpetuate error.' Id. at 37-38 , 101 N.W.2d at 229 .”

   5 later decisions quote this exact passage
   e.g. Henry v. Dow Chemical Company · 117 Wis. 2d 508 - Theama v. City of Kenosha

2. “[r]elief is extended to the wife in [these] * * * cases for one basic reason, the interest of society in the protection of the family * * *. If this is the interest to be protected, * * * the law's protection should extend as well to the negligent as to the intentional injury.”

   3 later decisions quote this exact passage
   e.g. 145 Ind. App. 111 - Troue v. Marker · Weaver v. Mitchell

3. ““This, then, is the soil in which the doctrine took root; the abject subservience of wife to husband, her legal nonexistence, her degraded position as a combination vessel, chattel, and household drudge whose obedience might be enforced by personal chastisement.””

   2 later decisions quote this exact passage
   e.g. 20 Ill. 2d 406 - Dini v. Naiditch · 34 Wis. 2d 542 - Moran v. Quality Aluminum Casting Co.