McClain v. McClain’s Empirical Analysis
1976
Citation profile
4 state decisions
How this case has been cited
Cited by 8 later decisions — most recently May 2017
4 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 Reynolds v. Reynolds · Harrison v. Harrison · Brown v. Farkas · Varble v. Hughes · Corriher v. McElroy
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.
“The agreement in the present case was entered into to effect a reconciliation of the marriage. It gave the wife that to which she would have been entitled as alimony had she gone through with the divorce. In Evans v. Hartley, 57 Ga.App. 598, 601 , 196 S.E. 273, 275 (1938), it was held: “It is the public policy of this State to maintain the family relation and to permit the settlement of matrimonial differences for that purpose. Code §§ 53-107, 53-108; [cits.].” In Young v. Young, 150 Ga. 515 (3), 104 S.E. 149 (1920), this court held: “A deed between husband and wife, not made as a provision for alimony while living separate and apart from the husband, but made in consideration of the wife’s agreement to return to the husband’s home and to resume her marital relations, is not rendered void by the subsequent cohabitation of the husband and wife, under the provisions of section 2990 of the Civil Code of 1910 [now Code § 30-217].” Also, this court held in Brown v. Farkas, 195 Ga. 653 (2), 25 S.E.2d 411 (1943): “Where such a contract was entered into for the purpose of settling the question of alimony, its meaning and effect should be determined according to the usual rules for the construction of contracts, the cardinal rule being to ascertain the intention of the parties.” It is manifest from the wording of the agreement in this case that the intention of the parties is that “this agreement and the gifts and transfers of property from Defendant to Plaintiff shall be in lieu of a”
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.