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← 184 W. Va. 272 - Hamstead v. Hamstead

184 W. Va. 272 - Hamstead v. Hamstead’s Empirical Analysis

1990

Citation profile

14
cited by 14 later decisions
1
states following
November 2006
most recently cited

14 state decisions

Relationships

Relies on 178 W. Va. 563 - Cross v. Cross · 183 W. Va. 451 - Whiting v. Whiting · 182 W. Va. 627 - Tankersley v. Tankersley · 178 W. Va. 23 - Hamstead v. Hamstead · 175 W. Va. 694 - Raley v. Raley

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

  1. ““When an individual during marriage has property which is separate property within the meaning of W. Va.Code, 48-2-1(f) [now W.Va.Code § 48-1-237], and then exchanges that property for other property which is titled in his name alone, and which is not comingled with marital property, then that other property acquired as a result of the exchange is itself separate property.” Syl. pt. 3, Hamstead v. Hamstead, 184 W.Va. 272 , 400 S.E.2d 280 (1990).”
    3 later decisions quote this exact passage
  2. “Equitable distribution under W.Va.Code, 48-2-1, et seq., is a three-step process. The first step is to classify the parties’ property as marital or nonmarital. The second step is to value the marital assets. The third step is to divide the marital estate between the parties in accordance with the principles contained in W.Va. Code, 48-2-32.”
    3 later decisions quote this exact passage
  3. “[I]f the judgment or decree, or any part thereof, is for special damages, as defined below, or for liquidated damages, the amount of such special or liquidated damages shall bear interest from the date the right to bring the same shall have accrued, as determined by the court. Special damages includes lost wages and income, medical expenses, damages to tangible personal property, and similar out-of-pocket expenditures, as determined by the court.”
    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.