Public-domain · open source
OpenJurist
← 56 N.M. 393 - Chavez v. Chavez

Chavez v. Chavez’s Empirical Analysis

1952

Citation profile

40
cited by 40 later decisions
4
states following
October 2006
most recently cited

5 federal appellate · 31 state decisions

How this case has been cited

Cited by 40 later decisions — most recently October 2006 · most notably Swink v. Fingado (1993), Massaglia v. Commissioner (1961)

5 federal appellate · 31 state decisions

130195219601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on McDonald v. Lambert · Smith v. Borradaile · Newton v. Wilson · Langhurst v. Langhurst · Sanchez v. New Mexico State Tax Commission

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

  1. “"Our approval of the transmutation of community funds into property held in joint tenancy by husband and wife is directly contrary to our decisions in McDonald v. Lambert, 43 N.M. 27 , 85 P.2d 78 , 120 A.L.R. 250 , and Newton v. Wilson, 53 N.M. 480 , 211 P.2d 776 , which cases we now expressly overrule. We adopt the dissenting opinions of Mr. Justice Sadler in each case so far as they state his construction of the statute, Sec. 65-206, N.M.S.A. 1941 Comp., declaring either husband or wife may enter into any engagement or transaction with the other, or with any other person respecting property, which either might, if unmarried; subject, in transactions between themselves, to the general rules of common law which control the actions of persons occupying confidential relations with each other. See Clark, Transmutations In New Mexico Community Property Law, 24 Rocky Mt. L.Rev. 273. "Proof to support such transmutation must be clear, strong and convincing; a mere preponderance of the evidence will not suffice to effect it.”
    3 later decisions quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.