Millman v. Millman’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The reason for the rule is that a party cannot proceed to enforce and have the benefit of such portions of a judgment as are in his favor and appeal from those against it-in other words, the right to proceed on a judgment and enjoy its fruits and the right to appeal therefrom are totally inconsistent positions, and the election to pursue one course must be deemed an abandonment of the other.”

   1 later decision quote this exact passage
   e.g. In Re Marriage of Miller

2. “Unlike Hull , where the parties proceeded to trial, [hjusband and [w]ife were found by the trial court to have reached a settlement. The parties placed the material terms of the settlement on the record. In this case, [hjusband paid to [w]ife what was owed by him at the times specified by the terms of the parties’ settlement, as memorialized in the [ajmended [jjudgment.”

   1 later decision quote this exact passage
   e.g. In Re Marriage of Miller

3. “(1) the amount received was a small portion of the total judgment; (2) the amount accepted has effectively been conceded to be due by a [spouse] who did not appeal; (3) the acceptance of benefits was due to financial distress; (4) the absence of prejudice to the judgment debtor [spouse]; and (5) where the only issue on appeal is whether an award will be increased.”

   1 later decision quote this exact passage
   e.g. In Re Marriage of Miller