Rosetta v. Rosetta’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In order to promote the public health and welfare and to provide the necessary records, this code prescribes detailed and specific rules to be followed in establishing the marriage relationship. However, in order to provide stability for those entering into the marriage relationship in good faith and to provide legitimacy and security for the children of the relationship, it is the policy of this state to preserve and uphold each marriage against claims of invalidity unless strong reasons exist for holding it void or voidable. Therefore, every marriage entered into in this state is considered valid unless it is expressly made void by this chapter or unless it is expressly made voidable by this chapter and is annulled as provided by this chapter. When two or more marriages of a person to different spouses are alleged, the most recent marriage is presumed to be valid as against each marriage that precedes it until one who asserts the validity of a prior marriage proves its validity.”

   1 later decision quote this exact passage
   e.g. Claveria v. Estate of Claveria

2. “In Middlebrook v. Wideman, 203 S.W.2d 686 (Tex.Civ.App.—Texarkana, 1947, no writ) it was held that where it is claimed a common law marriage existed the act of the woman in marrying another effectively rebutted any inference that might have been drawn on a common law marriage, and quoted 18 R.C.L., p. 434: “ ‘An inference of marriage will be overcome where the parties separate and one of them, while the other is known to be alive, marries or cohabits with a third person.’ ” “The presumption in favor of validity of the second marriage, notwithstanding the prior common-law marriage, ‘is one of the strongest, if, indeed, not the strongest, known to law’, and may even outweigh positive evidence to the contrary.” (Emphasis added.) Mullinax v. Mullinax, 447 S.W.2d 428 (Tex.Civ.App.—Waco, 1969, no writ); Texas Employers Ins. Assn. v. Elder, 155 Tex. 27 , 282 S.W.2d 371 (1955); Pacific Employers Indemnity Co. v. Aquirre, 431 S.W.2d 33 (Tex.Civ.App.—Waco, 1968, writ ref’d n.r.e.).”

   1 later decision quote this exact passage
   e.g. Claveria v. Estate of Claveria