Vautrain v. Vautrain’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is clear ... that the issue of divorce and the issue of property division are neither separable nor severable under rules 41, 174 or 320. In the event the court seeks to grant a partial new trial on certain property issues, it must either grant a new trial on all issues since they may not be severed, or treat the order granting a divorce as interlocutory and proceed to consider the property issues, or what remains of them, on new trial. Appellee argues that if we agree with the appellant on the issue, that we are holding that rule 320 does not apply to divorce cases. This is not the case at all. The trial court may, under rule 320 separate some of the issues and grant a partial new trial on certain property issues, but if it does so, as above indicated, " the order granting the divorce and any other matters is interlocutory and not final. There may of course be only one final judgment in any case, including divorce cases." Vautrain, 646 S.W.2d at 315 . [Emphasis added].”

   2 later decisions quote this exact passage
   e.g. Brown v. Brown · Hurd v. Maxwell

2. “and that such part is clearly separable without unfairness to the parties....”

   2 later decisions quote this exact passage
   e.g. Brown v. Brown · Hurd v. Maxwell