Terry v. Terry’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all’ respects as if they had.been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues.”

   1 later decision quote this exact passage
   e.g. Martinez v. Zia Co.

2. “a judgment of a sister state awarding custody is entitled to full faith and credit on the state of facts then existing but if subsequent thereto a substantial change of conditions has occurred calculated to affect the child’s welfare, the court may in a later hearing render such decree as the child’s welfare requires.”

   1 later decision quote this exact passage
   e.g. Murphy v. Murphy

3. ““ * * * that -the pleadings and procedure upon modification of a custody award are, and because of their nature should be, far more elastic than is the case with usual adversary proceedings. The discretion of the court in these matters is far-reaching.” (Emphasis added.)”

   1 later decision quote this exact passage
   e.g. Davis v. Davis