Houge v. Hogue’s Empirical Analysis

Citation profile

30 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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Determinations of spousal support are findings of fact, and the trial court’s determination will not be set aside unless it is clearly erroneous. A finding is clearly erroneous only if it is induced by an erroneous view of the law, if there is no evidence to support a finding, or if, although there is some evidence to support it, on the entire evidence, we are left with a firm conviction a mistake has been made. When making a spousal support determination, the trial court must consider the relevant factors under the Ruff-Fis[c]her guidelines. Considered under the Ruff-Fis[c]her guidelines are: “ ‘the respective ages of the parties, their earning ability, the duration of the marriage and conduct of the parties during the marriage, their station in life, the circumstances and necessities of each, their health and physical condition, their financial circumstances as shown by the property owned at the time, its value at the time, its income-producing capacity, if any, whether accumulated before or after the marriage, and such other matters as may be material.’ ” The trial court is not required to make specific findings, but it must specify a rationale for its determination.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Schoenwald v. Schoenwald · Wilhelm v. Wilhelm

2. “"Although we have recognized that it is not in the best interests of a child to unnecessarily change custody or to bandy the child back and forth between parents, . . . we have also concluded that split or alternating custody is not per se erroneous. . . . In North Dakota parents have equal rights to the custody and control of their minor children, and as between a mother and father there is no presumption as to who will better promote the best interests and welfare of the child. . . . When the evidence supports a trial court's finding that a split or alternating custody award is in the best interests of the child, that finding will not be found clearly erroneous on appeal."”

   2 later decisions quote this exact passage
   e.g. Hageness v. Hageness · Severson v. Severson