Schloss v. Schloss’s Empirical Analysis

Citation profile

49 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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The award of counsel fees rests upon a different basis. Apart from statute, there is no duty upon the husband, before or after separation, to furnish his wife with legal counsel, whether he or another be the adverse party to her controversy. . . . The purpose of the allowance of counsel fees pendente lite is to enable the wife, as litigant, to meet the husband, as litigant, on substantially even terms by making it possible for her to employ adequate counsel. See: Stanback v. Stanback, 270 N.C. 497 , 155 S.E. 2d 211 (counsel fees awarded on final judgment); Myers v. Myers, supra; Deal v. Deal, supra; Harrell v. Harrell, 253 N.C. 758 , 117 S.E. 2d 728 ; Mercer v. Mercer, supra; Fogartie v. Fogartie, supra; Oliver v. Oliver, 219 N.C. 299 , 13 S.E. 2d 549 . The award of counsel fees is not a necessary consequence of the award of subsistence." (Emphasis added.)”

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

2. ““The [wife] alleges in her complaint that she is the" owner of a $48,000 residence which is free of encumbrances, she owns a new automobile and has over $13,000 in bank accounts and other investments. When to these resources there is added by the court’s order an income from her husband at the rate of $18,000 per year, it cannot be said, in the absence of any findings of fact, that she is financially unable to pay a reasonable fee to her attorney and so is unable to employ counsel to represent her in her litigation with her husband.””

   1 later decision quote this exact passage
   e.g. 5 N.C. App. 296 - Speck v. Speck