Nesbit v. Nesbit’s Empirical Analysis
1969
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently January 2000
9 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 Kathleen Poolman v. William F. Poolman, Bankrupt · 2 Utah 2d 49 - Austad v. Austad · 52 Wash. 2d 456 - Decker v. Decker · Tuttle v. Tuttle · 20 Utah 2d 287 - Erickson v. Beardall
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.
““* * * An order to pay the community debts may be in the nature of an award of alimony or support money not discharge-able in bankruptcy. * * * The answer turns on whether the requirement was made as a part of a determination by the court of the amount reasonably required as support and maintenance for the wife and children. If such was the purpose and intent, it was exempt from discharge. If, on the other hand, it was a part of a property settlement, it was discharged. [Citations omitted.] * * * It would seem to be obvious that if the community debts are not paid by appellee, they will remain as obligations of appellant, and any amounts she is required to pay on them would necessarily result in a reduction in the support money decreed and available for support of her children. A determination must be made as to whether the decree entered in the divorce proceeding required appellee to pay the community debts as a part of a division of property between the parties or as a necessary element in connection with the support and maintenance due the children. This is properly a function of the trial court in the first instance. [Citations omitted.]” 80 N. Mex. 296, 454 P. 2d 778 .”
1 later decision quote this exact passage · from the majoritye.g. Jones v. Jones““An order to pay the community debts may. he ■ in the nature of an award of ■ .alimony-or support money not discharge-able in bankruptcy. 11 U.S.C. § 35 . The., answer turns on whether the requirement was made as a part of a determination by the court of the amount reasonably required as support and maintenance for the wife and children. If such was the purpose and intent, it was exempt from discharge. If, on the other hand, it was a part of a property settle- ' ment, it was discharged.””
1 later decision quote this exact passage · from the majoritye.g. Nelson v. Nelson
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.