77 N.C. App. 808 - McMiller v. McMiller’s Empirical Analysis
1985
Citation profile
57 state decisions
How this case has been cited
Cited by 57 later decisions — most recently March 2019 · most notably McBride v. McBride (1993), 82 N.C. App. 289 - Adkins v. Adkins (1986)
57 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 Jolly v. Wright · Carver v. Carver · 46 N.C. App. 332 - Teachey v. Teachey · 10 N.C. App. 476 - Cox v. Cox · Safie Manufacturing Co. v. Arnold
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]o justify conditioning [the] defendant's release from jail for civil contempt upon payment of a large lump sum of arrearages, the district court must find as fact that [the] defendant has the present ability to pay those arrearages. The majority of cases have held that to satisfy the "present ability" test [the] defendant must possess some amount of cash, or asset readily converted to cash.”
6 later decisions quote this exact passage“(1) The order remains in force; (2) The purpose of the order may still be served by compliance with the order; (2a) The noncompliance by the person to whom the order is directed is willful; and (3) The person to whom the order is directed is able to comply with the order or is able to take reasonable measures that would enable the person to comply with the order.”
4 later decisions quote this exact passage“The record before this court is unclear as to what evidence if any was taken to show [the] defendant's present ability or lack of present ability to pay the arrearage. Therefore, the judgment is vacated and the action remanded to the district court for further proceedings not inconsistent with this opinion.”
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.