Small Ex Rel. Balthis v. Morrison’s Empirical Analysis
1923
Citation profile
2 federal appellate · 1 district · 72 state decisions
How this case has been cited
Cited by 75 later decisions — most recently December 2015 · most notably 3 Cal. 3d 914 - Gibson v. Gibson (1971), Dunlap v. Dunlap (1930)
2 federal appellate · 1 district · 72 state decisions — followed in 27 states
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 Hewlett v. George · Roller v. Roller · McKelvey v. McKelvey · Gorrell v. Greensboro Water Supply Co. · Abbott v. Abbott
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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"But so long as the parent is under obligation to care for, guide, and control, and the child is under reciprocal obligation to aid and comfort and obey, no such action as this can be maintained. The peace of society, and of the families composing society, and a sound public policy, designed to subserve the repose of families and the best interests of society, forbid to the minor child a right to appear in court in the assertion of a claim to civil redress for personal injuries suffered at the hands of the parent. The state, through its criminal laws, will give the minor child protection from parental violence and wrong-doing, and this is all the child can be heard to demand."”
1 later decision quote this exact passage · from the dissent“There is no authority at the common law for an action like the present; and while some may not regard the sources of the common law with reverence or with respect, yet, in its truest and most comprehensive sense, the common law is the richest heritage of the race. It is the embodiment of usage and general customs, common to all mankind; it is grounded in natural justice, and it is based upon rules of conduct which have been sanctioned by common consent and approved by the wisdom and experience of the ages.”
1 later decision quote this exact passage · from the majority“unless and until `execution against the assured is returned unsatisfied,'”
1 later decision quote this exact passage · from the dissent
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.