Cummins v. Cummins’s Empirical Analysis
1935
Citation profile
3 federal appellate · 18 state decisions
How this case has been cited
Cited by 21 later decisions — most recently December 1961
3 federal appellate · 18 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 In Re Estate of Cover · Siberell v. Siberell · Delanoy v. Delanoy · Tillaux v. Tillaux · 95 Cal. App. 690 - Chadwick v. Chadwick
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Moreover, a conveyance of property to a husband and wife as joint tenants does not necessarily, and under all circumstances, preclude the idea of their holding the same as community property. The case of Siberell v. Siberell, supra, relied upon by appellant, was decided solely upon evidence that the property had been purchased with community funds and was deeded to the parties as joint tenants. There was no evidence other than this, to indicate the intention of the grantees. In Delanoy v. Delanoy, 216 Cal. 23 , 13 P.2d 513, 514 , the court, referring to the Siberell Case, said: `This court has recently determined that, in the absence of any evidence of an intent to the contrary, when property is purchased with community funds and the title is taken in the name of the husband and wife as joint tenants, the community interest must be deemed severed by consent, and the interest of each spouse therein is separate property.' (Italics ours.) In both the Siberell and Delanoy Cases the contest was between one spouse and a third party. Aside from the joint tenancy deed and the evidence of purchase from community funds, there was no evidence in those cases to show intention of the parties as to the status of the property. Here we have the testimony of both the husband and wife. The wife testified that it was community property * * *. Appellant testified that it was community property * *. In the presence of such undisputed evidence of both owners, there can be no question of their int”
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.