49 Ala. App. 647 - Welch v. Welch’s Empirical Analysis

Citation profile

24 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Although never considered by our Supreme Court, this question has been alluded to in several opinions in which the court has either stated that alimony in gross and periodic alimony may be awarded at the same time, Smith v. Rogers, 215 Ala. 581 , 112 So. 190 ; Thompson v. Thompson, 282 Ala. 248 , 210 So. 2d 808 ; or considered such an award without considering the specific correctness of awarding both types of alimony at the same time. Leo v. Leo, 280 Ala. 9 , 189 So.2d 558 . We reiterate, the specific question with which we are concerned is not considered in the three above cited cases, nor do the authorities cited in those cases support an award of alimony in gross along with periodic alimony.””

   1 later decision quote this exact passage
   e.g. Hager v. Hager

2. ““Alimony in gross, as defined in Smith v. Rogers, supra [ 215 Ala. 581 , 112 So. 190 ], is intended as a final termination of the rights of the wife resulting from the marriage not only as to her inchoate rights in her husband’s estate, but also to any future support from him; whereas periodic alimony for the indefinite future envisions installment payments to the former wife, out of the former husband’s current earnings, if necessary, for her future maintenance. Epps v. Epps, 218 Ala. 667 , 120 So. 150 . Alimony in gross is vested and cannot be modified, but periodic alimony is not vested and can be modified.””

   1 later decision quote this exact passage
   e.g. Thompson v. Thompson

3. ““1. Both the amount and time of payment must be certain; and “2. 'The right to it must be vested and not subject to modification.” ( 49 Ala.App. at 650 , 275 So.2d at 165 )”

   1 later decision quote this exact passage
   e.g. Hager v. Hager