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← 123 Ind. App. 454 - Wallace v. Wallace

123 Ind. App. 454 - Wallace v. Wallace’s Empirical Analysis

1953

Citation profile

39
cited by 39 later decisions
1
states following
July 2012
most recently cited

3 federal appellate · 32 state decisions

How this case has been cited

Cited by 39 later decisions — most recently July 2012 · most notably 139 Ind. App. 443 - McLochlin v. Miller (1966), Mary Lee Nichols v. Benton M. Hensler (1976)

3 federal appellate · 32 state decisions

1601953196019701980199020002010decided

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 Sharpe v. Baker · Walker v. Walker · 116 Ind. App. 545 - Mendenhall v. Mendenhall · 122 Ind. App. 531 - Gray v. Miller · 123 Ind. App. 152 - Baker v. Baker

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

  1. ““ ‘* * * As was said in the case of Walker et al. v. Walker et al. (1898), 150 Ind. 317, 328 , 50 N. E. 68 , 71: “ ‘Where the wife proves recreant to her marriage obligations, and has destroyed the marital union by acts of adultery or other gross misconduct, and her husband is thereby entitled to a decree of divorce, the court granting the same, has the discretionary power, and, under proper circumstances warranting the same, will generally exercise it, and allot to the injured husband such a portion of the property or means which he had settled upon the wife as will place him in the position, to some extent at least, which he would have occupied had the union continued.’ “ ‘This rule was approved in Mendenhall v. Mendenhall, 1946, 116 Ind. App. 545 , 64 N. E. 2d 806 , and in the case of Wallace v. Wallace, [ 123 Ind. App. 454 , 110 N. E. 2d 514 , 111 N. E. 2d 90 ] supra. Therefore, without holding so, we do not come to the arbitrary conclusion that a husband is not entitled to alimony in this state given the proper surrounding circumstances.’ ””
    1 later decision quote this exact passage
  2. ““We specifically held the order directing the transfer of the property to appellee was not alimony. The finding of the trial court sustains this conclusion. It specifically stated it was made in settlement of the respective property rights of the parties.””
    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.