Cavanaugh v. Davis’s Empirical Analysis
1951
Citation profile
9 federal appellate · 276 state decisions
How this case has been cited
Cited by 295 later decisions — most recently September 2014 · most notably Island Recreational Development Corp. v. Republic of Texas Savings Ass'n (1986), Ray v. Farmers' State Bank of Hart (1979)
9 federal appellate · 276 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 Jones v. Guy · Gulf Oil Corp. v. Marathon Oil Co. · Commercial Standard Insurance v. Davis · Cubley v. Barbee · Liedeker v. Grossman
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 295 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In no case has this Court upheld the adoptive status of a child in the absence of proof of an agreement or contract to adopt.””
6 later decisions quote this exact passage · from the majority“"It would not have been unnatural when viewed in the light of common knowledge and experience for this aunt to take her orphaned infant niece and rear her to maturity, giving her all the care and advantages of which the aunt was capable, receiving in return that which was justly due in the way of affection and normal services, without any agreement or intention on the part of the aunt to adopt the child and thereby make her a legal heir to property. Some one had to care for the respondent or she would have become a charge upon the public. The question here is raised, as is ordinarily true in such cases, when the lips of the alleged adopter have been sealed by death and in an effort to establish an interest in property. Such claims should be received with caution. Before one should be decreed to be the adopted child and heir of another in the absence of compliance with the statute prescribing a simple method of effecting the status, proof of the facts essential to invoke the intervention of equity should be clear, unequivocal and convincing. Niehaus v. Madden, supra [ 348 Mo. 770 , 155 S.W.2d 141 ]; 2 C.J.S. Adoption of Children § 26, p. 396, 171 A.L.R. 1320 ."”
4 later decisions quote this exact passage · from the majority““Our view is that ‘ “the rule is well settled that the judgment of a trial court will not be set aside if there is any evidence of a probative nature to support it and that a court of civil appeals cannot substitute its findings of fact for those of the trial court if there is any evidence in the record to sustain the trial court’s findings.” See Cavanaugh v. Davis, 149 Tex. 573 , 235 S.W.2d 972, 977 ; Woodward v. Ortiz, 150 Tex. 75 , 237 S.W.2d 286 . See also cases collated under 4 Tex.Dig., Appeal & Error, See Point 1, Burrus Mills v. Phillips, Tex.Civ.App., 260 S.W.2d 427, 430 ; Dansby v. Bryan-College Traction Co., Tex.Civ.App., 271 S.W.2d 306 (no writ history). The foregoing rule applies substantially to jury verdicts.””
3 later decisions quote this exact passage · from the majority
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.