Shreyer v. Shreyer’s Empirical Analysis
1945
Citation profile
8 federal appellate · 12 state decisions
How this case has been cited
Cited by 22 later decisions — most recently February 2006
8 federal appellate · 12 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 Pittinger v. Pittinger · Hadley v. Rash · Shreyer v. Shreyer · Jones v. Milliken · Boze v. Boze
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * Counsel’s contention seems to be that the trial court used the wrong method in accomplishing a division of the personal property which constitutes all the estate. He cites 17 American Jurisprudence, page 464, sections 592 and 593, which in substance state that the wife should not be given dominion over the husband’s property and that alimony is not a specific assignment of the husband’s property to the wife. These are not the situations here, for the trial court, upon conflicting evidence, found that the property was jointly accumulated and owned by the parties. Section 8, chapter 56, ’35 C.S.A., provides that the court may grant alimony, or may decree a division of property. This division of property is essentially different from an award of ali mony. 19 C.J. p. 203, § 495; 27 C. J.S. Divorce, § 202. ****** “* * >* Careful review of the record convinces us that the finding of the trial court that the parties owned the business jointly was correct. The purpose of the decree is to divide the property and this will be accomplished. The fact that the division could have been ordered by the court to have been made in other ways does not, ipso facto, make the method adopted by the court an abuse of discretion. When the matter came to nisi prius for attention the business was in a precarious financial condition, and it appears that the operations, continued under the guidance of the plaintiff, and later under the receiver with her assistance, owe their successful outcome”
2 later decisions quote this exact passage · from the majority“'* * * The presumption, which increases in strength with the lapse of time, can only be overcome by clear and convincing evidence to the contrary, and the evidence to overcome it must be especially strong after the lapse of a great many years. To overcome the prima facie case established by the showing of a subsequent marriage, proof of a former marriage is required, and also evidence from which it may be concluded that it has not been dissolved by death or divorcee. Mere proof of a prior marriage and that one party had not obtained a divorcee is not sufficient, for the other might have obtained such divorce and left him or her free to contract the second marriage.”
1 later decision quote this exact passage · from the majority“even when such proof involves the establishment of the negative proposition that there has been no divorcee.”
1 later decision quote this exact passage · from the majority
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.