Brady v. Hyman’s Empirical Analysis

Citation profile

19 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A decree or judgment for child support based on an agreement possesses dual characteristics and is interpreted like a contract between the parties. Though the judgment may partake of the nature of a contract and also of the nature of a decree, contractual provisions, even though made a part of a decree, insofar as they go beyond statute provisions, cannot be enforced by contempt proceedings. * * * “Under the statute a divorce decree providing for child support payments in accordance with an agreement of the parties may be modified by a subsequent order, and if modified may be enforced by contempt proceedings only as to the modified amount. However, the modification does not affect the liability for the contractual amount, and the obligee is entitled to recover delinquent payments based on this contract by the ordinary processes of law for the enforcement of contractual obligations.””

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

2. ““A judgment based upon a party’s agreeing and consenting to a court’s rendition of judgment against him for a specified amount is a consent judgment, and that is the type of judgment involved here. A provision for child support may properly be a part of a settlement agreement made in contemplation of divorce. The order amending and modifying the original 1946 decree purports to affect and modify the settlement agreement upon which the provisions of the decree relating to child support are based. In this particular, the order is erroneous for, as stated in the Plumly case, [ 210 S.W.2d 177 ] the child support provisions of the judgment, insofar as they are based upon contract, and ‘in the absence of fraud, accident or mistake, should not be set aside or modified except by the consent of the parties.’ ””

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

3. ““Nothing contained herein shall affect the contractual obligations assumed 'by Corben N. Hardin to pay Seventy-five Dollars ' ($75.00) per month for the support of his minor children, as evidenced by the decree of January 26, 1951, embodying an agreement between said Corban N. Hardin and Geraldine Hardin dated December 18, 1950, made in contemplation of divorce, but the provisions of this order shall relate only to the liabilities imposed upon said Corban N. Hardin under and by virtue of this decree, and the provisions of Article 4639a, Section 1, Vernon’s Annotated Civil Statutes, and which may be enforced by contempt proceedings.””

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