Garlock v. Garlock’s Empirical Analysis
1939
Citation profile
14 federal appellate · 44 state decisions
How this case has been cited
Cited by 74 later decisions — most recently April 2004 · most notably Phillips, Nizer, Benjamin, Krim & Ballon v. Lewis S. Rosenstiel (1973), 10 Cal. 3d 476 - In Re Marriage of Higgason (1973)
14 federal appellate · 44 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 Galusha v. . Galusha · De Brauwere v. . De Brauwere · Winter v. . Winter · Tirrell v. . Tirrell · Keller v. . Phillips
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 74 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“By reason of the marriage relation there is imposed on the husband the duty to support and maintain his wife in conformity with his condition and station in life. [Citations omitted.] Marriage is frequently referred to as a contract entered into by the parties, but it is more than a contract; it is a relationship established according to law, with certain duties and responsibilities arising out of it which the law itself imposes. The marriage establishes a status which it is the policy of the State to maintain. Out of this relationship, and not by reason of any terms of the marriage contract, the duty rests upon the husband to support his wife and his family, not merely to keep them from the poor house, but to support them in accordance with his station and position in life. This works both ways. When he is prosperous, they prosper; when financial misfortune befalls him, the wife and family are also obliged to receive less. The duty of the husband, however, as a matter of policy and as an obligation imposed by law, cannot be contracted away.”
1 later decision quote this exact passage“In the public interest the State has ever deemed it essential that certain obligations should attach to a marriage contract, amongst which is the duty of a husband to support his wife. Defendant was therefore shorn of power to enter into any arrangement or contract which would relieve him of such obligation.”
1 later decision quote this exact passagee.g. Ritchie v. . White“When he is prosperous they prosper; when financial misfortune befalls him, the wife and family are also obliged to receive less.”
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.