Bialy v. Bialy’s Empirical Analysis

Citation profile

22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ While this is a statutory award of permanent alimony in a gross sum, under a decree of absolute divorce ending the domestic relations and community of interests, the significance of such an award should not be lost sight of. Alimony, by whatever authority it is conferred, is an incident of marriage, and based on the underlying principle that it is the duty of the husband to support his wife, not necessarily to endow her. Primarily, it signifies, not a certain portion of his estate, but an allowance or allotment adjudged against him for her subsistence, according to his means and their condition in life during their separation, whether it be for life or for years. In practical application an award of permanent alimony in a gross sum may result in a division of the husband’s estate; but the controlling element not to be lost sight of is his compulsory contribution for her support and maintenance under obligations of the marriage contract.” Bialy v. Bialy, 167 Mich. 559 ( 133 N. W. 496 ).”

   4 later decisions quote this exact passage
   e.g. Kiplinger v. Kiplinger · Emmons v. Emmons

2. ““In the case at bar there are no children of the marriage committed to complainant’s care and custody, and, so far as disclosed by the record, no one dependent on either of the parties. Within the scope of discretionary power given to the court, he was authorized and required to decree her such alimony as he deemed ‘just and reasonable, having regard to the ability of the husband and the character and situation of the parties and all other circumstances of the case.’ To disturb his decree we must find that he either acted in violation of the statute or some rule of construction applicable to it, or that in the exercise of the broad discretion conferred upon him he has failed to discern what under the law was just and reasonable.””

   1 later decision quote this exact passage
   e.g. Billingsley v. Billingsley

3. ““The decree is affirmed* without costs, except that each party will pay one-half the cost of printing the record.””

   1 later decision quote this exact passage
   e.g. Bialy v. Bialy