Smith v. Smith’s Empirical Analysis
1985
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently September 2017 · most notably Allen v. Allen (1996), Marriage of Brisco v. Brisco (1986)
25 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 Murphy v. Carron · Dardick v. Dardick · Ware v. Ware · 72 Wis. 2d 631 - Anderson v. Anderson · Marriage of Cain v. Cain
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) the amount received was a small portion of the total judgment; (2) the amount accepted has effectively been conceded to be due by a [spouse] who did not appeal; (3) the acceptance of benefits was due to financial distress; (4) the absence of prejudice to the judgment debtor [spouse]; and (5) where the only issue on appeal is whether an award will be increased.”
7 later decisions quote this exact passagee.g. Taylor v. Taylor · McKee v. McKee““No case has been cited or found that holds such consideration should extend to a dollar for dollar consideration in the division of the marital property. Such a treatment to a great degree would eliminate the reason for the distinction between separate property and marital property.” Smith v. Smith, 702 S.W.2d 505, 509 (Mo.App.1985).”
1 later decision quote this exact passage
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.