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← 105 S.E.2d 569 - State v. Knapp

State v. Knapp’s Empirical Analysis

1958

Citation profile

35
cited by 35 later decisions
1
states following
April 2010
most recently cited

34 state decisions

How this case has been cited

Cited by 35 later decisions — most recently April 2010 · most notably 196 W. Va. 535 - Banker v. Banker (1996), 195 W. Va. 384 - Stephen L.H. v. Sherry L.H. (1995)

34 state decisions

1401958196019701980199020002010decided

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 Pennsylvania v. Budd Co. · 138 W. Va. 207 - Crawford v. Taylor · 128 W. Va. 198 - Taylor v. Taylor · Eaton v. Davis · 137 W. Va. 694 - Cato v. Silling

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

  1. “"Alimony had its origin in the legal obligation of the husband, incident to the marriage state, to maintain his wife in a manner suited to his means and social position, and although it is her right, she may by her misconduct forfeit it; and where she is the offender, she cannot have alimony on a divorce decreed in favor of the husband. So long as he has committed no breach of marital duty, he is under no obligation to provide her a separate maintenance, for she cannot claim it on the ground of her own misconduct."”
    1 later decision quote this exact passage
  2. “`A decree is a conclusion of law from pleading and proofs, and where there is a failure of either pleading or proofs there can be no decree.' Keneweg v. Schilansky, 47 W.Va. 287 [ 34 S.E. 773 ]; Vance Shoe Co. v. Haught, 41 W.Va. 275 [ 23 S.E. 553 ]. A decree, or any matter of a decree, which has no matter in the pleading to rest upon is void, because pleadings are the very foundation of judgments and decrees.”
    1 later decision quote this exact passage
  3. ““ ‘Though the power of courts of equity to award alimony is derived from statute it did not originate in any statute but stems from the legal obligation of the husband, incident to the marriage state, to maintain his wife in a manner suited to his means and social position....’””
    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.