Sparkman v. Sparkman’s Empirical Analysis

Citation profile

94 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 94 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the exercise of the general jurisdiction of courts of equity over the custody of infants, the child becomes in a sense the ward of the court. The decree, final in the sense that while standing it fixes the status of the child, and must be obeyed as a continuing order under penalty of contempt of court, is subject to change by subsequent order. The controlling inquiry throughout is the best interest of the child, his or her interest at the time jurisdiction is properly invoked. “The custodian has no fixed permanent right. His custody is conditional, liable to be terminated when the court finds occasion so to do. The law writes into the decree the implied' provision that the custody so awarded shall continue only to such time as the court shall determine, having in view all interests involved of which the child’s welfare is of first moment. “Accordingly, it has been often declared by this court that the question of the rightful custody of a child is never res adjudicata. * * * ””

   1 later decision quote this exact passage
   e.g. Atkinson v. Atkinson

2. ““If pertinent facts existing at the time of the former decree have come to light, whether the parties may have been diligent or not, the court, with the interest of the infant as the guiding star, should hear and consider them. Former decrees, with the presumptions that properly attend them, thus become an aid, and not a binding adjudication, in such proceedings as we have before us.””

   1 later decision quote this exact passage
   e.g. Perez v. Hester