Lindeman v. Lindeman’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendant further contends the trial court erred in granting her a divorce from the plaintiff where she only asked for a decree of separate maintenance. “In this state, a wife may maintain an action for separate maintenance, in dependently of, and without asking for a divorce. Before an award of separate maintenance may be made, however, the trial court must find that a cause exists for which a divorce could be granted. In other words, in order for a wife to obtain an award of separate maintenance it is necessary for her to allege and prove grounds which would be sufficient for a divorce, should she ask for it. (G. S. 1949, 60-1516 [repealed by L. 1963, ch. 303, Sec. 60-2609. See K. S. A. 60-1601]; Perkins v. Perkins, 154 Kan. 73 , 114 P. 2d 804 ; Paul v. Paul, 183 Kan. 201 , 326 P. 2d 283 .) “Defendant by asserting in her cross petition that the plaintiff was guilty of extreme cruelty and gross neglect of duty did in fact allege sufficient grounds for a divorce; however, she specifically prayed for a decree of separate maintenance only. Despite defendant’s prayer, the trial court granted her a divorce. This action of the trial court cannot be upheld. “We need not inquire into the defendant’s motives in not asking for a divorce. While the particular circumstances before the court might have entitled the defendant to a divorce, since she specifically requested a decree of separate maintenance only, we hold that a divorce should not be forced upon her so as to compel her to as”

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