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← 229 N.C. 629 - Phipps v. . Vannoy

Phipps v. . Vannoy’s Empirical Analysis

1948

Citation profile

31
cited by 31 later decisions
1
states following
February 2019
most recently cited

31 state decisions

How this case has been cited

Cited by 31 later decisions — most recently February 2019 · most notably In Re Blalock (1951), Dellinger v. Bollinger (1955)

31 state decisions

14019481950196019701980199020002010decided

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 Story v. . Story · Tyner v. Tyner · In Re Shelton · In Re Hamilton · McEachern v. . McEachern

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

  1. ““So soon as the 'state of separation’ between husband and wife resolves itself into, brings about, or is followed by an action for divorce in which a complaint has been filed, the jurisdiction of the court acquired under a writ of habeas corpus as provided by G.S. 17-39 is ousted and authority to provide for the custody of the children of the marriage vests in the court in which the divorce proceeding is pending. Robbins v. Robbins, ante, 430; In re Blake, supra; McEachern v. McEachern, supra; In re Albertson, supra; Tyner v. Tyner, 206 N.C. 776 , 175 S.E. 144 ; Story v. Story, 221 N.C. 114 , 19 S.E. (2) 136. Jurisdiction rests in this court so long as the action is pending and it is pending for this purpose until the death of one of the parties. “When, however, the parents were divorced outside this State, either parent may have the question of custody as between them determined in a special proceeding in the Superior Court. G.S. 50-13.””
    2 later decisions quote this exact passage
  2. ““Provided, custody of children of parents who have been divorced outside of North Carolina, and controversies respecting the custody of children not provided for by this Section or Section 17-39 of the General Statutes of North Carolina, may be determined in a special proceeding instituted by either of said parents, or by the surviving parent if the other be dead, in the Superior Court of the county where the petitioner, or the respondent or child at the time of filing-said petition, is a resident.””
    1 later decision quote this exact passage

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.