Tobin v. Tobin’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 78 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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As to such property, whether real or personal, as shall have been acquired by the parties jointly, during their marriage, whether the title thereto be in either or both of said parties, the court shall make such division between the parties respectively as may appear just and reasonable, by a division of the property in kind, or by setting the same apart to one of the parties and requiring the other thereof to pay such sums as may be just and proper to effect a fair and just division thereof.””

   3 later decisions quote this exact passage
   e.g. Carter v. Carter · Joiner v. Joiner

2. ““We think that in arriving at the net value of the property which represents the jointly acquired property of the parties, the deduction of such indebtedness as has been incurred either for the property or incident to the accumulation of the property should be made for the purpose of determining, after the indebtedness is paid, what the joint accumulation of the properties is. This is necessary before the power of the court to equitably divide the property could be intelligently exercised.””

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

3. “property which has accumulated by the business side of the marriage. This latter character of property, very similar in conception to community property of the community property states, is regarded as being held as a species of common ownership.”

   1 later decision quote this exact passage
   e.g. George F. Collins, Jr. v. Commissioner of Internal Revenue