Dolliver v. Dolliver’s Empirical Analysis

Citation profile

37 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The plaintiff and defendant were husband and wife, and by virtue of that relation personal trust and confidence had been created between them, which imposed upon the defendant the obligation of exercising the highest good faith towards the plaintiff in any dealings between them, and precluded him from obtaining any advantage over hef by means of any misrepresentation, concealment, or adverse pressure. (Civ. Code, Sec. 2228.) This relation and the obligation arising from it were not destroyed by the mere fact that an action for divorce was pending between them. They were still husband and wife, and so long as that relation existed between them, the law would not permit any inquiry into the extent of the trust and confidence which is presumed to be placed by one in the other; nor can the husband, by bringing an action for divorce against his wife, divest himself of the obligations which are imposed upon him by virtue of such relation.””

   2 later decisions quote this exact passage
   e.g. 69 Cal. App. 447 - Simmons v. Briggs · Beals ex rel. Walker v. Ares

2. “ground for reversal, unless it appear- from the record that evidence was offered upon such issues in the •court below, and that a finding thereon from such evidence would countervail the findings actually made' to such an ex-”

   1 later decision quote this exact passage
   e.g. John A. Robbling's Sons Co. v. Gray