Public-domain · open source
OpenJurist
← 86 NCAPP 513 - Higgins v. Higgins

Higgins v. Higgins’s Empirical Analysis

1987

Citation profile

2
cited by 2 later decisions
1
states following
February 1988
most recently cited

2 state decisions

Relationships

Relies on Cox v. JEFFERSON-PILOT FIRE AND CASUALTY COMPANY · 69 N.C. App. 483 - Buffington v. Buffington · In re Will of King · 79 N.C. App. 465 - Love v. Mewborn

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

  1. “[Resumption of sexual relations does not, as a matter of law, void a N.C.G.S. § 50-20(d) agreement. Therefore, to conclude that the parties “no longer live separate and apart” because of the resumption of sexual relations, is to give the phrase a meaning beyond the context of this agreement and affix to it a meaning reserved for situations other than a property settlement under N.C.G.S. § 50-20(d). There is no basis in our statutes or case law to conclude that the incorporation of the phrase “live separate and apart for one year” into a N.C.G.S. § 50-20(d) agreement means that sexual relations will result in the conclusion, as a matter of law, that the parties no longer live separate and apart. The intent of the parties as to the application of this phrase in their agreement is instead a question to be decided by the trier of fact.”
    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.