74 Wash. 2d 295 - Barstad v. Barstad’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Allowance of costs and expenses, suit money in advance of trial, and attorneys’ fees in divorce and modification proceedings are matters addressed to the sound discretion of the trial court. In exercising its discretion, the court must base its decision on the need of the party requesting them and the ability of the other to pay. Mc-Nair v. McNair, 64 Wn.2d 283 , 391 P.2d 549 (1964); Christopher v. Christopher, 62 Wn.2d 82 , 381 P.2d 115 (1963). There is nothing in the record before us to show that, in awarding defendant in the instant case his costs, expenses and attorneys’ fees incurred in the California habeas corpus proceeding, the court based its decision upon these considerations. What the record does show is that the court simply sought to grant judgment to the prevailing party in the instant cause for actual costs and expenses incurred in a related but separate action elsewhere. Our system does not allow such costs and attorneys’ fees; it provides only nominal reimbursement for costs and attorneys’ fees by statute (RCW 4.84.080) in divorce and modification unless they are allowable under RCW 26.08.190 and supported by a proper showing of need and ability to pay.”

   1 later decision quote this exact passage
   e.g. 6 Wash. App. 426 - Lunsford v. Waldrip