Elms v. Elms’s Empirical Analysis

Citation profile

66 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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In an action for divorce the court not only severs the marital tie, but divides the community property and makes provision for the support of the wife; and either party to the action may bring in third parties who claim an interest in property alleged to be community, and adjudicate the claims of such parties in the divorce action; and if neither party to the divorce action names as defendants the third parties who claim rights in property alleged to be community, such third parties may themselves intervene in the divorce action and establish their rights. “When one of the parties to an action for divorce alleges that certain real property is community property, and third parties seek to intervene claiming an interest in said property against the spouses, the fact that said third parties may protect their interests by bringing a separate action does not defeat their right to intervene. “If reasons exist why the marriage bonds should be severed promptly before an adjudication of property rights can be had, it is within the discretion of the court to grant the divorce, reserving the question of property rights for subsequent adjudication; and intervention should not be denied on the ground that undue delay will result from taking cognizance of the claims of third parties to property alleged to be community.” (Syl. Hj[ 1, 3, 4.) .”

   1 later decision quote this exact passage
   e.g. Cadwell v. Cadwell

2. ““. . . One of the duties of the court sitting as a court of equity in a divorce proceeding is to make an equitable distribution or award of community property, and to provide for the support of the wife. The court can scarcely make a fair distribution or allotment of parcels of community property without determining what property is community. If property alleged by one of the spouses to be community is in fact in whole or in part claimed by third persons, the court should determine as between the spouses whether the property is community, or owned by third persons. If a third party claimant cannot be made a party and his rights adjudicated, it may be held in a separate action brought by or against such claimant that he is the owner of the property with the result that a division of all community property made between the spouses in the divorce action, based on a determination that certain property was owned by them, will be rendered inequitable as between them.” ■”

   1 later decision quote this exact passage
   e.g. Wright v. Wright