49 Ala. App. 665 - Self v. Self’s Empirical Analysis

Citation profile

38 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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The amount of alimony to be awarded to the wife in a divorce case is addressed to the sound discretion of the trial court, Butler v. Butler , 274 Ala. 352 , 148 So.2d 638 , as is the amount to be paid for the support of the children, Whiteport v. Whiteport , 283 Ala. 704 , 220 So.2d 891 , and the exercise of such discretion will not be revised on appeal unless the court is deemed to be palpably in error. Davis v. Davis , 274 Ala. 277 , 147 So.2d 828 . "Cases in Alabama indicate an award of alimony to the wife alone should not exceed one-half of the husband's net income. Brady v. Brady , 144 Ala. 414 , 39 So. 237 . However, where children are involved the supreme court has affirmed awards exceeding one-half of the husband's net income. Whitfield v. Whitfield , 283 Ala. 433 , 218 So.2d 146 ; Wells v. Wells , 230 Ala. 430 , 161 So.2d 794 ; Rogers v. Rogers , 215 Ala. 259 , 110 So. 140 . However, each case must depend upon the facts and no mathematical formula can determine what is an appropriate award of alimony or child support."”

   2 later decisions quote this exact passage
   e.g. Yuscavage v. Yuscavage · 357 So. 2d 355 - Stilwell v. Stilwell

2. ““[Tjhis court defined and discussed incompatibility of temperament as a ground for divorce in Alabama, and we do not here need to reiterate what we stated in that opinion. However, in general terms, in Phillips, supra, we defined incompatibility as referring to conflicts in personality and disposition so deep as to be irreconcilable and to render it impossible for the parties to continue a normal marital relationship with each other. We further said that this new ground for divorce in Alabama gives to the trial court additional discretional power and its determination that a divorce should be granted or should not be granted on such ground will only be reversed if such decision is plainly and palpably wrong. “As was stated in Phillips, supra, the trial court, in determining whether or not incompatibility exists, should consider whether or not there is a conflict of personality; whether or not there is mutual concern for the emotional needs of each other; whether the marriage is characterized by financial difficulties, long physical separation, difference of interests, resentment, coolness, distrust and constant bickering; and whether antagonistic feelings exist that are irreversible and demonstrate an irremediable rift.””

   1 later decision quote this exact passage
   e.g. 50 Ala. App. 583 - Lipham v. Lipham