Public-domain · open source
OpenJurist
← 6 SW2D 408 - Martinez v. Martinez

Martinez v. Martinez’s Empirical Analysis

1928

Citation profile

8
cited by 8 later decisions
4
states following
September 1963
most recently cited

7 state decisions

How this case has been cited

Cited by 8 later decisions — most recently September 1963

7 state decisions

5019281930194019501960decided

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.

  1. ““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 passage
  2. “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 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.