18 Ill. App. 3d 658 - Gerhardt v. Gerhardt’s Empirical Analysis
1974
Citation profile
17
cited by 17 later decisions
1
states following
April 1979
most recently cited
15 state decisions
Relationships
Relies on Persico v. Persico · 5 Ill. 2d 456 - Cross v. Cross · 2 Ill. 2d 111 - Ylonen v. Ylonen · Podgornik v. Podgornik · 2 Ill. 2d 104 - Cross v. Cross
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There is no legal formula for determining whether the wife’s financial contribution, earnings, frugality, and good management will be deemed sufficient to warrant a conveyance under section 17 of the Divorce Act of all or part of the property held in the name of the husband, and each case must be adjudged on its particular facts. Cross, supra. The record herein discloses clear and convincing evidence that the propery involved, both real and personal, was accumulated through the joint efforts of the parties. Where a wife by her own industry, earnings, labor, economy and frugality has added to the financial betterment of the parties or to the husband’s acquisition of an estate, she has an equitable interest which must be recognized by a fair division of property.””
1 later decision quote this exact passage · from the majority““[W]here a wife has from equitable considerations other and additional interests in her husband’s property than such as attack to her status as a wife, such as where her money comes into the hands of her husband and is invested in real estate to which he holds title; or if realty represents joint earnings, work or savings of husband and wife; or if her earnings or savings have gone into his possession and aided him in acquiring the real estate; the court may then properly decree, when dissolving the marriage relation, that the wife shall be vested with title in fee to such realty as will effect an equitable and fair adjustment of the property rights of the parties. [Citations.]””
1 later decision quote this exact passage · from the majority““° ° * While courts in divorce actions are thus empowered to determine the property rights of the parties solely upon the basis of equitable ownership and regardless of fault in the dissolution of the marriage, special circumstances and existing equities sufficient to justify the conveyance are required to be alleged in the complaint and established by the evidence. (Insoda v. Insoda, 400 Ill. 596 ; Podgornik v. Podgornik, 392 Ill. 124 .) Relief cannot be granted where there are no allegations of equities or special circumstances in the complaint.” (Persico v. Persico (1951), 409 Ill. 608, 610 , 100 N.E.2d 904 .)”
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.