160 Ind. App. 653 - Terry v. Terry’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Equally well settled is the proposition that the trial court’s determination of alimony will not be disturbed on appeal unless there has been an abuse of discretion. Smith v. Smith (1960), 131 Ind. App. 38 , 169 N.E.2d 130 . In Miller v. Miller, supra, this court quoting Judge Cooper in Grant v. Grant (1967), 141 Ind. App. 521 , 230 N.E.2d 339 , phrased it: ‘. . . Therefore. the exercise of a trial court’s discretion is not reviewable on appeal. It is only the abuse of the power of discretion which is reviewable on appeal and the presumption in favor of the correct action of the trial court is one of the strongest presumptions applicable to the consideration of a case on appeal.’ See also, Shula v. Shula (1956), 235 Ind. 210 , 132 N.E.2d 612 .” (Original emphasis.)”

   2 later decisions quote this exact passage
   e.g. 165 Ind. App. 520 - Castor v. Castor · 161 Ind. App. 422 - Hibbard v. Hibbard

2. ““It cannot be doubted that under proper circumstances, the illness of a party litigant is sufficient grounds for a continuance . . . Further, while a trial judge may sua sponte grant a continuance because of a party’s illness, such action is within the sound discretion of the judge and will not be disturbed on appeal absent a clear showing of abuse of discretion. The trial judge is in a position to best view the parties, appraise their difficulties, if any, and to act accordingly. In reviewing such actions, this court will not engage in speculation or supposition.””

   1 later decision quote this exact passage
   e.g. 172 Ind. App. 120 - Farley v. Farley