Withers v. Love’s Empirical Analysis

Citation profile

13 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is difficult to see how effect can be given to the constitutional provision requiring the joint consent of husband and wife, and at the same time hold that,- while the wife is insane, the'husband can either separately convey, or by acts or conduct estop the wife from her right to claim, the homestead, or estop himself from claiming it in his own right while she is living. The acts of estoppel must be such.as will estop both. (Law v. Butler, 44 Minn. 482 , 47 N. W. 53 , 9 L. R. A. 856).””

   1 later decision quote this exact passage · from the majority
   e.g. Singleton v. National Land Co.

2. “- “ ‘The homestead was not intended for the play and sport of capricious husbands merely, nor can it be made liable for his weaknesses or misfortunes. It was not established for the benefit of the husband alone, but for the. benefit of the family and of society — to protect the family from destitution, and society from the danger of her citizens becoming paupers.’ ” (p. 151.)”

   1 later decision quote this exact passage · from the majority
   e.g. Thompson v. Millikin

3. ““ ‘The occupation and enjoyment of the estate is secured to her against any act of her husband or of creditors without her consent. If her husband abandons her, that use remains to her and the family. With or without her husband, the law has set this property apart as her home.’ ” (p. 151.)”

   1 later decision quote this exact passage · from the majority
   e.g. Thompson v. Millikin