159 Ind. App. 33 - Shaw v. Shaw’s Empirical Analysis
1973
Citation profile
42 state decisions
How this case has been cited
Cited by 42 later decisions — most recently August 1995 · most notably D. H. v. J. H. (1981), Briggs v. Clinton County Bank & Trust Co. of Frankfort (1983)
42 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 McFarlan v. Fowler Bank City Trust Co. · Gilchrist v. Gilchrist · Morrison v. Carey · 133 Ind. App. 454 - Dwyer v. McClean · 153 Ind. App. 407 - Kelly v. Bunch
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A motion for a new trial based on newly discovered evidence should be received with great caution and the alleged evidence should be carefully scrutinized. The newly discovered evidence must be material, and must be more than just cumulative or impeaching. The party seeking a new trial because of newly discovered evidence must show that the evidence is such that it could not have been discovered before the trial by the exercise of due diligence, and must show that the evidence is such that it would reasonably and probably result in a different verdict. The granting of a new trial because of newly discovered evidence is a matter which rests within the sound discretion of the trial court, whose decision will be disturbed only for a manifest abuse thereof.””
3 later decisions quote this exact passage“‘It is within the discretion of the trial court to award custody of the children consistent with their best interest, and this court will not reverse the award un less a manifest abuse of discretion is shown. . . . ’ ‘The 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 be reversed unless an abuse of discretion has been shown. . . ’ ‘The disposition of children is not controlled by hard and fast rules of law but by the exercise of sound judicial discretion of the court confronted with the problem. Review by an appellate court of such disposition is limited to the question of abuse of judicial discretion.’”
2 later decisions quote this exact passage“An abuse of discretion is an erroneous conclusion in judgment, one clearly against the logic and effect of the facts and circumstances before the court, or the reasonable, probable, and actual deductions to be drawn therefrom.”
1 later decision quote this exact passagee.g. Johnson v. Johnson
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.