Osburn v. Roberts’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) Since the trial judge has a better opportunity to observe the parties and-witnesses, he is in a better position to know what is best for the child than is this court from a review of the record,'and his finding will not be disturbed unless it is clearly against the weight of the evidence or is contrary to law; (b) there are three rights or interests that are to be given consideration in the following order of importance (1) that of the child, (2) that of the parent, and (3) that of those who have for years discharged all the obligations of parents; (c) when asked to take the custody from those who have for a considerable period of time nurtured and cared for the child and to restore it to the parent, it is proper for the courts to consider the ties of love and confidence that have grown up between the child and its foster parents and whether it is best for the child not to disturb that relationship; (d) children are not, like chattels, subject to an irrevocable gift, barter or sale, though the fact that a parent has relinquished custody of his child to others should be given due consideration; (e) unless the welfare of the child requires it, a parent will not ordinarily be denied its custody unless the parent is shown to be unfit to have its custody; (f) each such case must be determined upon its own peculiar facts and circumstances.”

   6 later decisions quote this exact passage
   e.g. In Re NLW · Olinghouse v. Olinghouse

2. “a farmer, living on a rented farm and is in good financial circumstances [and] the plaintiff [father] and defendants [sister and her husband] have good reputations, and neither attacks the character of the other or the ability of the other to properly care for the child.”

   1 later decision quote this exact passage
   e.g. In Re NLW

3. “If there be differences between these parties, such differences should be composed, with the best interests of the child being the paramount question, each recognizing the rights of the other party.”

   1 later decision quote this exact passage
   e.g. In Re NLW