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← 198 CALAPP2D 304 - Carmichael v. Carmichael

Carmichael v. Carmichael’s Empirical Analysis

1961

Citation profile

2
cited by 2 later decisions
1
states following
May 1963
most recently cited

2 state decisions

Relationships

Relies on 76 Cal. App. 2d 119 - Wilson v. Wilson

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

  1. ““ [T]hat the clear implication of the decree is that plaintiff should have immediate occupancy of the property in question. While her title to the property would not be complete until the decree became final and would be defeated by death or reconciliation during the interlocutory period, we hold that reason, common sense and authority entitle her in the meantime to the right to possession of the property awarded to her. ...” (Carmichael v. Carmichael, 198 Cal.App.2d 304 [ 17 Cal.Rptr. 558 ].) “ . . It would appear that a proper solution of this problem would be to hold that the interlocutory may make a present disposition of the community property, but that the title thus conveyed is limited and conditional until the entry of the final decree, , , , In the present case it was, of course, proper for the trial court to determine in its interlocutory the status of the property and how it ought to be assigned upon the entering of the final decree.’ In the present case justice will be best served by amending the decree so as to provide that the disposition of the property and the judgment relating thereto shall become effective upon the entry of the final decree.” (Dallman v. Dallman, 164 Cal.App.2d 815, 820 [ 331 P.2d 245 ].)”
    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.