Ariail v. Ariail’s Empirical Analysis
1988
Citation profile
17 state decisions
How this case has been cited
Cited by 18 later decisions — most recently April 2016
17 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 Gillespie v. Gillespie · Mitchell v. Mitchell · Machado v. Machado · Brewer v. Brewer · O'Neill v. O'Neill
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“however, this court is not bound by the parties' stipulated characterization of the action, especially where the record clearly reflects the action was for a different purpose. See Forbes v. Kingan & Co. , 174 S.C. 24 , 176 S.E. 880 (1934) (a stipulation of fact made in a transcript of record that is not sustained by the record is not conclusive). By her amended petition, Mrs. Ariail sought”
1 later decision quote this exact passagee.g. Ariail v. Ariail“[i]n the usage prevalent in South Carolina the term `legal separation' is not a synonym for divorce a mensa et thoro, but rather `the term is a generic one, without any specific definition, which is rather loosely applied to various situations where the husband and wife are living apart, at least temporarily, under some sanction of contract or law.'”
1 later decision quote this exact passagee.g. Ariail v. Ariail“Brewington involved an action for a legal separation, separate support and maintenance, an equitable distribution of marital property, unpaid support, and attorney fees. In that case, we distinguished an action for legal separation from an action for an absolute divorce and we held the family court had subject matter jurisdiction”
1 later decision quote this exact passage · from the concurrencee.g. Ariail v. Ariail
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.