Payson v. Payson’s Empirical Analysis

Citation profile

2 federal appellate · 26 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The equitable division of property is an allocation to the parties of the assets acquired during the marriage, based on the parties’ respective equitable interests. Byers v. Caldwell, 273 Ga. 228, 229 ( 539 SE2d 141 ) (2000). The purpose behind the doctrine of equitable division of marital property is “to assure that property accumulated during the marriage be fairly distributed between the parties.” Campbell v. Campbell, 255 Ga. 461, 462 ( 339 SE2d 591 ) (1986). Only property acquired as a direct result of the labor and investments of the parties during the marriage is subject to equitable division. McArthur v. McArthur, 256 Ga. 762 ( 353 SE2d 486 ) (1987). A property interest brought to the marriage by one of the marriage partners is a non-marital asset and is not subject to equitable division since it was in no sense generated by the marriage. Campbell v. Campbell, supra, 255 Ga. at 462 . See also Moore v. Moore, 249 Ga. 27 (2) ( 287 SE2d 185 ) (1982). It is a question of law for the court whether a particular category of property may legally constitute a marital or non-marital asset, but whether a particular item of property actually is a marital or non-marital asset may be a question of fact for the trier of fact. Franklin v. Franklin, 267 Ga. 82 (2) ( 475 SE2d 890 ) (1996); Janelle v. Janelle, 265 Ga. 116 (1) ( 454 SE2d 133 ) (1995).”

   3 later decisions quote this exact passage
   e.g. Crowder v. Crowder · Daniel v. Daniel