Petty v. Petty’s Empirical Analysis

Citation profile

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

1. ““The provisions for payments to the wife are not invalid as a matter of law * * * the husband may lawfully agree to continue such payments as long as his wife lives, or during her natural life (citing authority), or for a shorter time, as until her remarriage (citing). * * * ⅜ * * “Neither is it so indefinite as to be invalid. It provides for several contingencies and makes specific provisions for each of them. It is indefinite only because it is unknown in advance which situation will arise, but it is not indefinite as to the obligations of the parties when they do arise. ⅜ ⅜ ⅜ ⅜ ⅜ ⅜ “He (appellee) contents himself by contending that it (the agreement) imposes obligations on plaintiff with respect to payments to the wife which the court, under our statute, could not impose on plaintiff in a divorce action, if no agreement between the parties had been entered into. Cases are cited (citations deleted) in which it was held * * * the court could not give judgment for alimony to the wife in an indefinite sum', or for periodical payments over an indefinite time, as for life, or until the wife should remarry, but that the judgment for alimony must be in a specific sum, although it may be made payable at once or in future installments at the discretion of the court. This argument and this line of authorities are not in point. There is a distinct difference between what the court has authority under statutes to do with respect to alimony in a divorce case, and what the parties may ag”

   2 later decisions quote this exact passage · from the majority
   e.g. Eatman v. Eatman · Pielsticker v. Callahan

2. ““. . . There is room to say the blame was not all on one side, but the trial court was in better position to say which party was responsible for it than is this court. In the division of responsibilities between husband and wife, the greater duty of having a harmonious home ordinarily falls upon the wife, just as the greater duty of providing a living falls upon the husband. Here the evidence sustains the view that defendant’s interest in a harmonious home was secondary to her own ambitions apart from the home, and that she carried this to such an extreme as to be primarily responsible for the failure of their marriage. Both knew their marriage had failed. Each wanted a divorce. To refuse a divorce would serve no good purpose. We are unable to say there was no substantial evidence of gross misconduct of defendant sufficient to sustain the judgment for divorce.” (p. 349.)”

   2 later decisions quote this exact passage · from the majority
   e.g. Talman v. Talman · Hayn v. Hayn

3. ““. . . And now on this 23rd day of May, 1938, counsel for the parties having failed to agree upon the form of the Journal Entry to be entered spreading said mandate and correcting said judgment, the matter is taken up by the court on its own motion, and the court being fully advised in the matter finds that the mandate of the Supreme Court of the State of Kansas in case No. 33613, wherein Ryland C. Petty was plaintiff and Lillian B. Petty was defendant, and the judgment of said court in said case should be spread upon and entered of record in this court, and that in compliance with the decision and judgment of the Supreme Court of the State of Kansas made and entered in the above entitled case, the judgment of this court heretofore of record must be amended and changed to comply with the said order and directions of the Supreme Court made on the 5th day of March, 1938. “obdeb “It is therefore ordered by the court that said mandate and decision of the Supreme Court is ordered spread upon the records of this court. “It is further ordered that judgment in the above entitled case be entered as follows: “judgment “It is therefore considered, ordered, adjudged and decreed by the court that plaintiff be granted a divorce from defendant upon the ground of gross neglect of duty, the same to become absolute after six months from the date of rendition of judgment in this case; that defendant is awarded the custody of the two> minor children, Denoya, age 11 years, and Marcheta, age 10”

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