Cormack v. Marshall’s Empirical Analysis
1904
Citation profile
1 federal appellate · 62 state decisions
How this case has been cited
Cited by 64 later decisions — most recently April 1995 · most notably Nye v. Nye (1952), In re Custody of Townsend (1981)
1 federal appellate · 62 state decisions — followed in 13 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 Mercein v. People ex rel. Barry · Weir v. Marley · Dubois v. Johnson · Haines v. People · Hammond v. People ex rel. Vacaro
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘ ‘ The parent has the superior right to the child, but the superior right of the parent must yield to the best interest of the child. There is a recognition of both the rights, although the parent has the superior right, which is a true statement of an abstract proposition. He only has that superior right when it accords with the best interest of the child. All things being equal, as between the parent and strangers or other persons hearing a different relation to the child, the parent’s right is superior: . . . .””
1 later decision quote this exact passage · from the majoritye.g. Szewczyk v. Szewczyk“"We regard the rights of the parent as superior to those of any other person, when that parent is a fit person to have the custody of children and is so circumstanced that he can provide the necessaries of life and administer to the requirements of such a charge."”
1 later decision quote this exact passage · from the majority
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.