Holmes v. Holmes’s Empirical Analysis
155 F.2d 737 · 1946
Citation profile
3 federal appellate · 1 district · 14 state decisions
How this case has been cited
Cited by 18 later decisions — most recently May 1982
3 federal appellate · 1 district · 14 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 Nelson v. Nelson · Cary v. Cary · Simpson v. Simpson · Gibson v. Gibson · Wagster v. Wagster
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Alimony has been defined to be `the allowance which a husband by order of court pays to his wife, living separate from him, for her maintenance. Bishop, Marr. Div. § 549.' Bouvier, Law Dictionary, title, Alimony. It is therefore, and it has always been held to be, apart from the express provisions of statutes authorizing divorce, an incident merely of separation by judicial decree from bed and board, and never of divorce from the bond of matrimony. See Crane v. McGinnis, 1 Gill J. 463, 19 Am. Dec. 237 . For at common law, and by the dictates of reason, in the absence of statutory enactment, to justify the allowance of alimony, the relation of husband and wife must continue to subsist, although the parties are separated from each other."”
1 later decision quote this exact passagee.g. Rodda v. Rodda““The husband, though irregular in making his payments, did pay the amount set in the first decree up to and one month beyond the date of the final decree. He then ceased to pay, taking the position that the final decree made no mention of alimony and consequently must be regarded as having absolved him from any further obligation in this regard. Thereafter the former wife instituted the contempt proceeding which resulted in this appeal.””
1 later decision quote this exact passage“the final decree [of divorce] which admittedly changes the fundamental relationship of the parties, terminates the wife’s right to receive alimony under a preceding separation decree predicated on her status as a wife. . . . [Footnote omitted.] 1”
1 later decision quote this exact passagee.g. Foley v. Foley
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.