1 Wash. 2d 698 - Fisch v. Marler’s Empirical Analysis
1939
Citation profile
8 federal appellate · 26 state decisions
How this case has been cited
Cited by 44 later decisions — most recently November 2000 · most notably United States v. Overman (1970), 115 Wash. 2d 202 - In Re the Marriage of Williams (1990)
8 federal appellate · 26 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 Ruge v. Ruge · State ex rel. Brown v. Brown · Lockhart v. Lockhart · Currier v. Perry · State v. Fenn
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) . . . the former wife has, and continues to have, a fixed and prior claim upon his earnings for the payment of such alimony. This rule finds particular support on grounds of justice and reason where there is a minor child or children of the former marriage. (2) Garnishment is a proper proceeding to enforce such claims. (4) Although the claim of the divorced wife upon the earnings of her former husband is a fixed and prior one, it is not in all cases to be enforced to the point of exhaus tion of such earnings, for the present wife also has a claim thereon which is entitled to consideration. Upon a showing by the present wife of necessitous circumstances, particularly where there is a minor child or children of the husband’s subsequent marriage, the court may make such adjustment and allocation of the husband’s earnings as may appear to it to be just and equitable in the premises. (5) For the purpose of securing or protecting such rights as she may have in the earnings of her husband, the present wife may intervene in any proceeding which affects such earnings.”
1 later decision quote this exact passage“remarriage of a divorced wife does not, of itself, terminate the obligation of the former husband to pay alimony as prescribed in the decree, but that ordinarily it would constitute a strong reason for the exercise of a judicial discretion, provided that it was supported by some recognized ground for equitable interposition. 1 (Italics ours.)”
1 later decision quote this exact passagee.g. Moore v. Moore“It is not the policy of the law, nor is it either just or equitable, that a divorced wife be given a perpetual lien upon her divorced husband's future earnings.”
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.