Smith v. Smith’s Empirical Analysis

Citation profile

56 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In other words, in all of these custody or adoption cases involving small children, the rights of the parties, adult parties that is, applying for the custody of these children, must be relegated to the background and subordinated to what is considered for the best interest of the child.””

   5 later decisions quote this exact passage · from the majority
   e.g. Hall v. Honeycutt · 53 Tenn. App. 403 - Bevins v. Bevins

2. ““In tbe early part of 1947, after tbe holidays, tbe child had no place to go; so be continued to stay in the home of Mr. and Mrs. Young. Tbe record shows tbe reputation and character of this young couple are above reproach in every way. They do not drink liquor and never have. Tbey have been active in Church and Sunday School work all their lives. James Patrick is taken to Sunday School by them every Sunday. They love him and be loves them. He is thoroughly adjusted to Mr. and Mrs. Young and their home, and they are adjusted to him. Mrs. Young does not work, but devotes all her time to her home and this child. “They have an excellent small home with no mortgage against it, and the home is well furnished. It is their desire to keep James Patrick, who is about four years old now, care for him, educate Mm, love him and treat him as their own child and adopt him if possible, thus giving him a legal claim upon them. Mr. Young holds a responsible position at a salary of $216.00 a month. “Thus we see that James Patrick Smith, although he has been only two to four years old while living with Mr. and Mrs. Young, has done for himself, by his own personality, what his father and mother would not or could not do for him: he has won for himself a substantial, lovely home where he can be permanently, comfortably, and securely located with good, highly respected, Christian people who will love and care for him; and we do not intend to take that home away from him under the facts here appear”

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

3. “The relations which exist between the parent and child are sacred ones and have their foundation in nature, and the affection existing between them is stronger and more potent, and affords a greater protection to the child, than any relation which could be created by association merely. The right to the society of the child exists in its parents; the right to rear it, to its custody, to its tutorage, the shaping of its destiny, and all of the consequences that naturally follow from the relationship are inherently in the natural parents,....”

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