Ex Parte Lohmuller’s Empirical Analysis

Citation profile

47 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The statute concerning divorces empowers ‘the judge,’ either in term time or vacation, to allow a wife who has not sufficient income for her maintenance, ‘during the pendency of the suit for divorce,’ a sum for her support ‘until a final decree shall be made in the case.’ Rev. St., art. 2986. This is a power incidental to the jurisdiction over the suit for divorce in the exercise of which it becomes the duty of the court to see to the proper support and maintenance of the wife until it can be determined in the course of the proceeding whether or not she is to remain a wife. The full accomplishment of the purpose for which the power is granted requires that it last as long as the occasion for its exercise shall last, that is, ‘during the pendency of the suit,’ and hence the ‘final decree’ — that is, to put an end to the power— is that ‘made in the case’ (not necessarily that made by the district judge or the district court). The decree of the trial court granting or denying the divorce may be the final decree of that court, but it is not the final decree ‘made in the case’ when an appeal is taken to another tribunal. So long as the appeal is pending the suit is pending, and the occasion specified in the statute for the allowance of alimony continues, and it does not end until that decree is pronounced which puts an end to the case. The nature of the power is such as to make it incompatible with the notion that it can no longer be exercised after the district court has rendere”

   1 later decision quote this exact passage · from the majority
   e.g. Lewis v. Lewis