Cleverly v. Stone’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘When a controversy arise? between parents over the right to the custody of children, the duty of deciding it is a delicate one, which is lodged with the district court or the judge thereof. The judge hearing oral testimony, in such a controversy has a very superior advantage in determining the same, and his decision ought not to be disturbed except upon a clear showing of an abuse of discretion.’ ””

   2 later decisions quote this exact passage · from the majority
   e.g. Simon v. Simon · Hurly v. Hurly

2. ““In awarding the custody of a minor * * * the court * *. * is to be guided by the following considerations: =£ & “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 be of tender years, it should be given to the mother, if it be of an age to require education and preparation for labor or business, then to the father.”

   1 later decision quote this exact passage · from the majority
   e.g. Simon v. Simon

3. ““1. By what appears to be for the best interests of the child in respect to its temporal and its mental and moral welfare “2. As between parents adversely claiming the custody * * * other things being equal * * * it should be given to the mother * * *.””

   1 later decision quote this exact passage · from the majority
   e.g. McCullough v. McCullough