Lay v. Lay’s Empirical Analysis
1967
Citation profile
46 state decisions
How this case has been cited
Cited by 47 later decisions — most recently October 1990 · most notably In re the Marriage of Stroud (1981), 40 Colo. App. 253 - Marriage of Wigner (1977)
46 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 International Trust Co. v. Liebhardt · Magarrell v. Magarrell · Zlaten v. Zlaten · Jewel v. Jewel · Titus v. Titus
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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is well-established in this state that a property settlement agreement which is approved and incorporated in a divorce decree cannot subsequently be modified in the absence of fraud or overreaching." (emphasis supplied)”
2 later decisions quote this exact passage · from the majority““It would be contrary to the clearly expressed intention of the parties to hold that the provision for monthly payments to the wife constituted a separable agreement for the payment of alimony subject to the continuing jurisdiction of the court to modify. The parties may, in the agreement, reserve to the court the power to modify the ’alimony’ provision, and the court, as a condition to approval of the agreement, may reserve such power to itself. It may also, of course, be modified by the subsequent agreement of the parties.””
1 later decision quote this exact passage · from the majority““It is well-established in this state that a property settlement agreement which is approved and incorporated in a divorce decree cannot subsequently be modified, in the absence of fraud or overreaching. (citations omitted) It is similarly well-settled that a provision in an agreement which obligates the husband to make fixed monthly payments to the wife, where the agreement is approved by the court and incorporated in the decree of divorce, is not subject to subsequent modification.””
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.