Hollingsworth v. Hicks’s Empirical Analysis

Citation profile

58 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 59 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is the general rule that where the language of a judgment or decree is clear and unambiguous, neither the pleadings nor the findings or verdict, nor matters dehors the record may be resorted to to change the meaning. It must stand and be enforced as it speaks. But when the meaning is obscure, doubtful, or ambiguous, the judgment, pleadings and entire record may always be resorted to for the purpose of aiding in the construction thereof. See Bond v. Markstrum, 102 Mich. 11 , 60 N.W. 282 ; Kelliher v. Stone & Webster, 5 Cir., 75 F.2d 331, 333 ; Reaves v. Turner, 20 Okl. 492 , 94 P. 543 ; Houston Oil Co. of Texas v. Village Mills Co., Tex.Com.App., 241 S.W. 122 . “The function of the process of construction is to determine the intention and meaning of the author of a judgment or other instrument. The record of a former trial may be consulted to determine what was actually passed upon, Bond v. Markstrum, supra; Kelliher v. Stone & Webster, supra; 1 Black on Judgments, Section 123, page 179. The rule is stated in Freeman on Judgments, Volume 1, 4th Ed., Section 45, pages 51 and 52, as follows: “ * * if the entry of a judgment is so obscure as not to express the final determination with sufficient accuracy, reference may be had to the pleadings and to the entire record * * *. In case of doubt regarding the signification of a judgment, or any part thereof, the whole record may be examined for the purpose of removing the doubt * * ” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. State Ex Rel. Reynolds v. Lewis

2. ““The status of property as separate or community property is fixed as of the time when it is acquired. The word ‘acquired’ contemplates the inception of title, and as a general rule the character of the-title depends upon the existence or nonexistence of the marriage at the time of the incipiency of the right by virtue of which the title is finally extended and perfected; the title when so extended and perfected relates back to that time. Stated in another way, the status of title, as belonging to one estate or the other, is determined by the status of the original right, subsequently matured into full title. Under this rule, property to which one spouse has acquired an equitable right before marriage is separate property, though such right is not perfected until after marriage.””

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