135 Cal. App. 2d 100 - Smith v. Smith’s Empirical Analysis
1955
Citation profile
36 state decisions
How this case has been cited
Cited by 36 later decisions — most recently December 2009 · most notably 33 Cal. 3d 138 - Los Angeles County Department of Adoptions v. Sandara K. (1982), 228 Cal. App. 2d 217 - Bourland v. Walker (1964)
36 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 People v. Gallardo · Tupman v. Haberkern · 16 Cal. 2d 190 - Prouty v. Prouty · 49 Cal. App. 2d 581 - Washburn v. Washburn · Munson v. Munson
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““... In awarding the custody the court is to be guided by the following considerations: “(1) By what appears to be for the best interests of the child and if the child is of a sufficient age to form an intelligent preference, the court may consider that preference in determining the question; (Emphasis added.) “(2) As between parents adversely claiming the custody, neither parent is entitled to it as of right; but other things being equal, if the child is of tender years, custody should be given to the mother; if the child is of an age to require education and preparation for labor and business, then custody should be given to the father.” (Emphasis added.)”
1 later decision quote this exact passage““In addition to considering the evidence in the record, the trial judge spoke with Amanda in chambers. He did so with the knowledge and consent of all counsel. The information received by him during that interview was evidence in the case which is not included in the record. As such, it furnishes additional support for the order but is not available for review. [Citations.] Such evidence is quite similar to the view which a trial judge upon occasion takes of property. When the judge takes such a view with consent of counsel, it is ‘ “evidence in the case and ‘may be used alone or with other evidence to support the findings.’ ” ’ [Citation.] ””
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.