Melichar v. Ost’s Empirical Analysis

Citation profile

2 federal appellate · 1 district ·

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

1. “Alimony does not arise from any business transaction but from the relation of marriage. It is not founded on contract, express or implied, but on an actual and legal duty of the husband to support the wife. The general obligation of support is made specific by the decree of the court of appropriate jurisdiction. Generally speaking, alimony may be altered by the court at any time, as the circumstances of the parties may require. The decree of a court of one state, indeed, for the present payment of the definite sum of money as alimony, is a record which is entitled to full faith and credit in another state and may therefore, be there enforced by suit. [Citations oiriitted.] In other respects, alimony cannot ordinarily be enforced by an action at law, but only by application to the court which granted it, and subject to the discretion of that court. Permanent alimony is regarded rather as a portion of the husband’s estate to which the wife is equitably entitled than as strictly a debt; alimony from time to time may be regarded as a portion of his current income or earnings; and the considerations which affect either can be better weighed by the court having jurisdiction over the relation of husband and wife than by a court of different jurisdiction.”

   1 later decision quote this exact passage · from the majority
   e.g. Stephens v. Stephens

2. “(a) A discharge in bankruptcy shall release a bankrupt from all of his provable debts, whether allowable in full or in part, except such as * * * (7) are for alimony due or to become due, or for maintenance or support of a wife or child, or for seduction of an unmarried female or for breach of promise of marriage accompanied by seduction, or for criminal conversation; * * *.”

   1 later decision quote this exact passage · from the majority
   e.g. Melichar v. Ost

3. “(t)estimony of the parties indicates that the amount payable to the wife was to maintain her economic position and the Court concludes that it is in the nature of alimony and is non-dischargeable ...”

   1 later decision quote this exact passage · from the majority
   e.g. Melichar v. Ost