Tompkins v. Tompkins’s Empirical Analysis
1947
Citation profile
47 state decisions
How this case has been cited
Cited by 47 later decisions — most recently April 1984 · most notably 36 Cal. 2d 342 - Socol v. King (1950), 19 Cal. App. 3d 115 - Philbin v. Philbin (1971)
47 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 23 Cal. 2d 754 - Tomaier v. Tomaier · 48 Cal. App. 2d 762 - Falk v. Falk · Bowman v. Bowman · Barnes v. Barnes · Miller v. Superior Court
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Section 94 of the Civil Code defines extreme cruelty as ‘the wrongful infliction of grievous bodily injury, or grievous mental suffering, upon the other by one party to the marriage.’ In each case the infliction of ‘grievous mental suffering’ is a question of fact to be deduced from the circumstances of the case, in the light of the intelligence, refinement and delicacy of sentiment of the complaining party. (Citing cases.) A correct decision must depend upon the sound sense and judgment of the trial court. ... Its conclusion will not be disturbed unless the evidence is so slight as to indicate an abuse of discretion.””
1 later decision quote this exact passage““. . . that even though the real property awarded by the • trial court to plaintiff did stand in the names of the parties as joint tenants, the complaint alleges and the answer admits that it is community property. There is no evidence in the record to the contrary. If the parties so intend, property taken by a husband and wife as joint tenants is community property. . . . Since defendant in his answer to the complaint admits the real property to be community property its treatment as such by the trial court was proper. ’ ’”
1 later decision quote this exact passage““Conduct that would induce grievous mental suffering sufficient to constitute extreme cruelty depends upon the circumstances of each particular case, and the finding of a trial court, based upon any reasonable analysis of the facts and circumstances as reflected by the evidence, will not be disturbed on appeal.””
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.