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← 179 Cal. App. 2d 665 - Carson v. Carson

179 Cal. App. 2d 665 - Carson v. Carson’s Empirical Analysis

1960

Citation profile

22
cited by 22 later decisions
2
states following
December 1984
most recently cited

22 state decisions

How this case has been cited

Cited by 22 later decisions — most recently December 1984

22 state decisions

180196019701980decided

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 Maynard v. Hill · 26 Cal. 2d 605 - Hough v. Hough · Sharon v. Sharon · Adams v. Adams · Keck v. Keck

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

  1. “The obligations which arise between husband and wife are by no means merely consensual; the California courts have long recognized the `concept of marriage as a legal institution' [citation] which is reflected in the California Civil Code, section 55; `[t]he contract is a portal through which the parties enter into the relation of marriage ...' [citation]. `The relation once formed, the law steps in and holds the parties to various obligations and liabilities.' [citations.] Since the law fixes the extent of the obligation of support, that power of the court continues even if the parties themselves have agreed upon the amount of alimony and included it, among other and separable provisions, in a property agreement. [Citations.] On the other hand, the court has no power to change the terms of a property settlement agreement that relates only to the division of the property. [Citation.] Hence if in the agreement the provision for support is exchanged for a share of the community property, the agreement constituting an integrated all-embracing bargain, the court cannot modify its terms. To do so would be to use the parties' discarded support provision to reach the area of property disposition, an area into which the courts would not otherwise venture.”
    1 later decision 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.