Stephens v. Stephens’s Empirical Analysis
1979
Citation profile
7 state decisions
How this case has been cited
Cited by 9 later decisions — most recently April 2003
7 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 Addison v. Addison · LeClert v. LeClert · Tourette v. Tourette · Hughes v. Hughes · Langford v. Langford
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This Court has followed what is overwhelmingly the general rule that funds or property, brought in from a non-community property state where the funds or property were there considered to be the separate property of an individual, will retain the same character when traceable into New Mexico property. Koprian v. Mennecke, 53 N.M. 176 , 204 P.2d 440 (1949). . . . We therefore resolve the conflict of laws in favor of applying the Iowa law to determine the character of the property traced to Col. Hughes’ earnings. There is an obvious difference between property which first acquires its separate nature while the husband is domiciled in a community property state and his separate property that can be traced to property acquired in a common-law state where the wife has inchoate equitable rights in that property. . Although the property traceable to Col. Hughes’ earnings was clearly his separate property, we hold that the characterization of this property as separate must be made under the applicable laws of the State of Iowa and therefore the property is subject to all the wife’s incidents of ownership, claims, rights and legal relations provided in any and all of the laws of the State of Iowa that affect marital property.”
1 later decision quote this exact passage“property designated as separate property by a judgment or decree of any court having jurisdiction.”
1 later decision quote this exact passagee.g. Lowe v. Commissioner“property acquired by either or both spouses during marriage which is not separate property.”
1 later decision quote this exact passagee.g. Lowe v. Commissioner
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.