Smoot v. Smoot’s Empirical Analysis
1987
Citation profile
91 state decisions
How this case has been cited
Cited by 93 later decisions — most recently December 2009 · most notably 10 Va. App. 728 - Srinivasan v. Srinivasan (1990), 183 W. Va. 451 - Whiting v. Whiting (1990)
91 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Harper v. Harper · In re Marriage of Smith · 1 Va. App. 385 - Rexrode v. Rexrode · Gray v. Gray · 4 Va. App. 123 - Robinette v. Robinette
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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Unless it appears from the record that the chancellor has abused his discretion, that he has not considered or has misapplied one of the statutory mandates, or that the evidence fails to support the findings of fact underlying his resolution of the conflict in the equities, the chancellor’s equitable distribution award will not be reversed on appeal.”
9 later decisions quote this exact passage · from the majority“. . . Code § 20-107.3 contemplates only two kinds of property—marital property and separate property, each expressly defined. Our statute does not recognize a hybrid species of property. The discrete definitions are reinforced by the statutory rule that “[a] 11 property acquired . . . during the marriage ... is presumed to be marital property,” Code § 20-107.3(A)(2)(ii), and by the proviso in § 20-107.3(A)(1) that all property acquired after the marriage in exchange for separate property becomes marital property unless, during the marriage, it is “maintained as separate property.” We construe the definitions, the presumption, and the proviso to evince legislative intent that when, as here, a spouse fails to segregate and instead, commingles, separate property with marital property, the chancellor must classify the commingled property as marital property subject to equitable distribution.”
3 later decisions quote this exact passage · from the majority“by bequest, devise, descent, survivorship or gift from a source other than the other party,”
2 later decisions quote this exact passage · from the majoritye.g. Walker v. Walker · Link v. Link
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.