Martinez v. Martinez’s Empirical Analysis
1928
Citation profile
7 state decisions
How this case has been cited
Cited by 8 later decisions — most recently September 1963
7 state decisions
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 Berger v. Kirby · 24 Tex. Civ. App. 436 - Cuneo v. De Cuneo · Schwingle v. Keifer · Thornton v. Athens Nat. Bank · Texas Employers' Ins. Ass'n v. Soto
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A common-law marriage is valid in this state, and the issuance of a marriage license or marriage ceremony is not necessary to constitute a common-law marriage. A common-law marriage exists when a man and woman enter into an agreement to become husband and wife, and in pursuance of such agreement do live together and cohabit as husband and wife, and hold each other out to the public as husband and wife. Such agreement to become husband and wife may be express or implied. An express agreement is where the parties thereto expressly agree; and an implied agreement is where the parties with reference to the subject-matter is such as to induce the belief in the minds of the contracting parties that they intend to do that which their acts indicate they have done.””
1 later decision quote this exact passagee.g. Red Eagle v. Cannon“an agreement to become husband and wife, a living together pursuant thereto as such, and a holding out of each other to the public as husband and wife.”
1 later decision quote this exact passagee.g. Manire v. Burt
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.