Hamilton v. Hamilton’s Empirical Analysis

Citation profile

19 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““When a property settlement agreement is presented for approval in a divorce action and it is not clear whether payments therein provided are part of the division of property or are in the nature of alimony, the court should receive evidence and clearly and concisely make its determination in the decree of divorce. When the decree of divorce approves the agreement and incorporates it as a part of the decree and orders the payment of money as provided in the agreement but does not clearly determine whether such payments are part of the division of property or in the nature of alimony, then in any subsequent proceeding the question is to be determined from the decree, including the agreement as a part thereof, and the intention of the parties as expressed therein. Of course, if the agreement is ambiguous the court should receive extrinsic evidence in aid of its interpretation as in other eases, but the agreement here considered is not ambiguous. If it appears that it was the intention of the parties to definitely, fully, and permanently adjust and settle their property rights, and the provision for support and maintenance constitutes an integral and important element in the amicable adjustment of the property rights of the parties, the court is without power to thereafter modify the decree. (Adams v. Adams, 29 Cal.2d 621 [ 177 P.2d 265 ]; Puckett v. Puckett, 21 Cal.2d 833 [ 136 P.2d 1 ]; Miller v. Superior Court, 9 Cal.2d 733 [ 72 P.2d 868 ] ; Ettlinger v. Ettlinger, 3 Cal.2d 1”

   1 later decision quote this exact passage
   e.g. 126 Cal. App. 2d 238 - Van Dyke v. Van Dyke