Mitchell v. Davis’s Empirical Analysis

Citation profile

34 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"While ordinarily the natural parents are entitled to the custody and care of their child, this is not an absolute unconditional right. The State has such an interest in the welfare of its citizens as will authorize the enactment of suitable legislation by which the State may assume the custody of children and the parents may be deprived of the custody thereof where the parents abandon the children or neglect them in such manner as to cause them to become a public charge, or where the parents otherwise prove to be unsuitable." Mitchell v. Davis, supra , quoting De Witt v. Brooks, 143 Tex. 122 , 182 S.W. 2d 687, 690 (1944).”

   2 later decisions quote this exact passage
   e.g. Blore v. John Z. · In Re JZ

2. “"Medicines, medical treatment and attention, are in a like category with food, clothing, lodging and education as necessaries from parent to child, for which the former is held legally responsible. 23 Tex.Jur. 719; and proof that the parent is failing to provide any of these legal necessities to minor constitutents of the family would, in our opinion, sustain a charge of parental neglect. `It is the right and duty of parents under the law of nature as well as the common law and the statutes of many states to protect their children, to care for them in sickness and in health, and to do whatever may be necessary for their care, maintenance, and preservation, including medical attendance, if necessary. An omission to do this is a public wrong which the state, under its police powers, may prevent.' 39 Am.Jur., sec. 46, p. 669."”

   1 later decision quote this exact passage
   e.g. Morrison v. State

3. ““Also properly left for determination by the jury was the fact question of neglect relative to appellant. ‘Whether a child is a neglected child under the law is a fact question. 43 C.J.S. Infants § 98, page 230. The court having submitted such question to the jury under appropriate instructions and the jury having found that the children were neglected children, such finding being supported by ample evidence, is binding upon this court.’ ””

   1 later decision quote this exact passage
   e.g. Ex parte Franklin