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← 81 S.D. 202 - Johnson v. Lowary

Johnson v. Lowary’s Empirical Analysis

1965

Citation profile

17
cited by 17 later decisions
1
states following
October 2016
most recently cited

17 state decisions

How this case has been cited

Cited by 17 later decisions — most recently October 2016

17 state decisions

80196519701980199020002010decided

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 Dougherty v. Dougherty · Holmes v. Holmes · Van Diepen v. Van Diepen · Houghton v. Houghton · Stearns v. Stearns

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

  1. “a court may assign the use and possession of the home to the custodial parent separate and apart from the fee title. Stearns v. Stearns, 80 S.D. 443 , 126 N.W.2d 124 ; Holmes v. Holmes, 152 Neb. 556 , 41 N.W.2d 919 . Apparently this was intended in the present case. The residential property was not unconditionally granted to plaintiff. It was burdened with the condition it could not be sold, disposed of, or encumbered until the youngest child reached majority. Such provision was imposed to assure the mi nor children a home and as an incident to the court’s authority to provide for their care, support, and maintenance, Stearns v. Steams, supra. Consequently, it was subject to modification upon changed conditions subsequently arising. Dougherty v. Dougherty, 76 S.D. 318 , 77 N.W. 845 .”
    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.