119 Ind. App. 360 - Lucas v. Lucas’s Empirical Analysis
1949
Citation profile
24 state decisions
How this case has been cited
Cited by 24 later decisions — most recently March 1981
24 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 Watkins v. Watkins · 116 Ind. App. 545 - Mendenhall v. Mendenhall · 108 Ind. App. 350 - Cornwell v. Cornwell · McMurrey v. McMurrey · 115 Ind. App. 320 - Town of Newburgh v. Jones
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In considering the propriety of the action of the trial court in awarding the custody of the child to the appellee, we must recognize the rule of law announced by this court in Cornwell v. Cornwell (1940), 108 Ind. App. 350 , 29 N. E. 2d 317 , and quoted with approval by our Supreme Court in Watkins v. Watkins (1943), 221 Ind. 293 , 47 N. E. 2d 606 , that ‘welfare of the child is paramount to the claims of either parent, and its care and custody should be awarded with regard to the best interests of the child. The trial judge is in a position to see the parties, to observe their conduct and demeanor, and to hear them testify, and his decision ought not to be reversed unless an abuse of discretion has been shown.’ Our Supreme Court also stated in the Watkins case, supra, that the ‘great weight of authority is to the effect that the guilt or innocence of the parents is not necessarily a controlling factor and that custody may, in the sound discretion of the trial court be awarded to the one against whom divorce was decreed,’ citing 27 C. J. S., Divorce, §309.””
1 later decision quote this exact passage““From an examination of the record it seems that there is ample and sufficient substantial evidence to sustain the decision of the trial court * * (Emphasis supplied.) 119 Ind.App. at 367 , 86 N.E.2d 303 .”
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.