Barnes v. Barnes’s Empirical Analysis

Citation profile

1 district · 101 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 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The common judgment of mankind recognizes the fact that there may be unfounded charges and cruel imputations which are not more easily borne than physical bruises, and the necessary effect of which is to cause great mental distress to the person against whom they are made. Whether in any given case there has been inflicted this ‘grievous mental suffering’ is a pure question of fact, to be deduced from all the circumstances of each particular case, keeping always in view the intelligence, apparent refinement, and delicacy of sentiment of the complaining party; and no arbitrary rule of law as to what particular probative facts shall exist in order to justify a finding of the ultímate facts of its existence can be given. As said by Mr. Justice McEarland, in his dissenting opinion in Waldron v. Waldron, 85 Cal. 251 : ‘Every ease where a divorce is sought on this ground must depend upon its own particular facts; and a correct' decision must depend — as most cases depend — upon the sound sense and judgment of juries and courts.’ ””

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