Stewart v. Stewart’s Empirical Analysis
1970
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently December 2003
8 state decisions
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 Pennoyer v. Neff · People of State of New York Halvey v. Halvey · Wilmot v. Wilmot · In Re Ackenhausen · Wheeler v. Wheeler
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Numerous cases are cited in support of the theory that Louisiana has continuing jurisdiction over all matters incidental to the divorce proceedings. See Lukianoff v. Ludianoff, 166 La. 219 , 116 So. 890 (1928); Wilmot v. Wilmot, 223 La. 221 , 65 So.2d 321 (1953); Graves v. Graves (La.App. 2 Cir., 1960) 122 So.2d 350 ; Blackburn v. Blackburn (La.App. 2 Cir., 1964), 168 So.2d 898 ; Wheeler v. Wheeler, 184 La. 689 , 167 So. 191 (1936). Examination of these authorities convinces us there are distinguishing features in each of the cited cases. The contrary position adopted by relatrix is that once the final divorce was rendered and she was awarded custody of her children she was at liberty to change her domicile and that of the children to Texas and that thenceforth the Louisiana court is without jurisdiction to change or modify the custody order. This contention is in accord with the decisions of the Louisiana Supreme Court in State ex rel. Huhn v. Huhn, 224 La. 591 , 70 So.2d 391 (1954); and with that In re Ackenhausen (La.App. 4 Cir., 1962) 146 So.2d 37 , affirmed by the Louisiana Supreme Court in 244 La. 730 , 154 So.2d 380 (1963). Both of the cited cases quoted from the United States Supreme Court case of People of State of N. Y. ex rel. Halvey v. Halvey, 330 U.S. 610 , 67 S.Ct. 903 , 91 L.Ed. 1133 , in which it was held that if the court of the state which rendered the judgment (of custody) had no jurisdiction over the person or the subject matter, the jurisdictional infirm”
1 later decision quote this exact passagee.g. Lynn v. Lynn“"A. A court which is otherwise competent under the laws of this state has jurisdiction of the following actions or proceedings only under the following conditions: ". . . "(5) A proceeding to obtain the legal custody of a minor if he is domiciled in, or is in, this state; . . ."”
1 later decision quote this exact passage“(5) A proceeding to obtain the legal custody of a minor if he is domiciled in, or is in, this state; . . .”
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.