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← 173 SO2D 854 - Williams v. Small

Williams v. Small’s Empirical Analysis

1965

Citation profile

15
cited by 15 later decisions
1
states following
November 1984
most recently cited

15 state decisions

How this case has been cited

Cited by 15 later decisions — most recently November 1984

15 state decisions

110196519701980decided

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 Abrams v. Rosenthal · Reichert v. Lloveras · Bilello v. Bilello · Schneider v. Schneider · Turner v. Agnello

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

  1. “"* * * The actual needs for the maintenance and support of the wife must first be ascertained. If the amount needed is proportionate to the husband's means of making payment, that amount should be awarded. If those needs exceed the husband's ability to pay, alimony pendente lite should be fixed in a sum which will as nearly as possible be just and fair to all parties involved. Reichert v. Lloveras, 188 La. 447 , 177 So. 569 ; Turner v. Turner, La.App., 174 So.2d 227 , handed down this day. Alimony pendente lite being a judicial enforcement of the husband's obligation to support his wife during the existence of the marriage, where justified by the facts (and each case is dependent upon its own facts), the wife is entitled to such alimony in an amount sufficient to maintain her in a style comparable to that which she enjoyed prior to her separation from her husband by reason of his means and position. Schneider v. Schneider, 211 La. 959 , 31 So.2d 176 ; Abrams v. Rosenthal, 153 La. 459 , 96 So. 32 ; Reichert v. Lloveras, supra. Where the wife, who is a litigant in a suit for separation from bed and board, has no income of her own, she is not required to obtain employment in order to support herself; the law imposes the obligation of support upon the husband. But if she does choose to earn her own living, or a part thereof, she thereby takes herself out of the provisions of Article 148 to the extent of her earnings. Bilello v. Bilello, 240 La. 158 , 121 So.2d 728 ; Abrams v. Ros”
    2 later decisions quote this exact passage
  2. “If the wife has not a sufficient income for her maintenance pending the suit for separation from bed and board or for divorce, the judge shall allow her, whether she appears as plaintiff or defendant, a sum for her support, proportioned to her needs and to the means of her husband.”
    2 later decisions quote this exact passage

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.