Garner v. Garner’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the light of present social conditions and policy emanating therefrom, we again re-examine the question of whether the defense of recrimination should continue to be recognized. We are mindful that in our State recrimination is a court-established doctrine and thus we are not bound by any legislative enactment concerning it. “In the Pavletich case, supra, [Pavletich v. Pavletich, 50 N.M. 224 , 174 P.2d 826 ] it is apparent that our ruling therein was arrived at by studied consideration of the then current social policy. We quoted approvingly from Vol. 10, Kansas City Law Review containing an article by J. G. Beamer entitled ‘The Doctrine of Recrimination in Divorce Proceedings,’ wherein he says in part at 213 ( 50 N.M. 231 -232, 174 P.2d 830 -831) : “ ‘ “Three possible sociological justifications for the doctrine of recrimination can be dimly discerned behind the empty incantations with which the courts rationalize its existence and application to the cases before them. The first is that it tends to hold the family together; the second, that it serves as a check upon immorality; the third, that it protects the property rights of the wife. “ ‘ “The family is still the fundamental sociological unit of our civilization. For the purposes of this discussion, it is assumed that"it should be preserved and that the state has a vital interest in its preservation. “ ‘ “In its largest aspect the problem involved here is whether divorce, under any circumstances, should be permitted. ”

   1 later decision quote this exact passage
   e.g. 57 Ala. App. 674 - Cooper v. Cooper