302 So. 2d 903 - Frederic v. Frederic’s Empirical Analysis

Citation profile

75 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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This alimony shall be revoked if it becomes unnecessary, and terminates if the wife remarries.”

   9 later decisions quote this exact passage · from the dissent
   e.g. Wilson v. Wilson · Ward v. Ward

2. “"* * * Alimony awarded upon the authority of Article 160 is a gratuity in the nature of a pension. Hays v. Hays, 240 La. 708 , 124 So.2d 917 (1961); Brown v. Harris, 225 La. 320 , 72 So.2d 746 (1954). "As used in Article 160 reference to `means for her maintenance' refers primarily to food, shelter and clothing. Rabun v. Rabun, 232 La. 1004 , 95 So.2d 635 (1957); Stabler v. Stabler, 226 La. 70 , 75 So.2d 12 (1954). "The test is not whether the wife has the means to support herself in the manner to which she is accustomed to live, but what will provide her with sufficient means for her maintenance, Vicknair v. Vicknair, 237 La. 1032 , 112 So.2d 702 (1959), the wife having the burden of establishing her necessitous circumstances. Malone v. Malone, 260 La. 759 , 257 So.2d 397 (1970). The amount necessary for maintenance of a divorced wife is to be determined by the circumstances of each particular case. Brown v. Harris, 225 La. 320 , 72 So.2d 746 (1954); Wilmot v. Wilmot, 223 La. 221 , 65 So.2d 321 (1953). "And in determining means for the wife's maintenance, her income is not the sole consideration. All of her means must be regarded to determine their sufficiency for her maintenance. Smith v. Smith, 217 La. 646 , 47 So.2d 32 (1950). * * *"”

   4 later decisions quote this exact passage
   e.g. Bryant v. Bryant · Loyacano v. Loyacano

3. “"Inasmuch as an appeal from a judgment awarding alimony does not suspend the execution of the judgment, La.Code Civ.P. Art. 3943, the husband was not authorized to discontinue alimony payments upon the strength of the Court of Appeal judgment of February 6, 1974 revoking alimony payments. The effect of the Court of Appeal judgment was itself suspended when this Court granted writs to review its correctness. The effective date of the revocation of the alimony due by the husband to the wife is the date the judgment of this Court in these consolidated matters becomes final. Therefore, our order staying execution of the judgment of the trial judge of June 28, 1974 cumulating past due alimony is recalled and set aside. For the reasons assigned, the judgments complained of awarding alimony to the wife is reversed and the alimony decreed to be due the wife is revoked. It is further ordered and decreed that our order of July 3, 1974 staying execution of the judgment of the trial court cumulating alimony payments is recalled." (Main Opinion, Id. at p. 908).”

   2 later decisions quote this exact passage
   e.g. Bruner v. Bruner · 439 So. 2d 1208 - Wasson v. Wasson