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← 234 So. 2d 145 - Smith v. Wise

234 So. 2d 145 - Smith v. Wise’s Empirical Analysis

1970

Citation profile

12
cited by 12 later decisions
2
states following
December 2010
most recently cited

12 state decisions

How this case has been cited

Cited by 12 later decisions — most recently December 2010

12 state decisions

6019701980199020002010decided

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 Federal Trade Commission v. Textile & Apparel Group · McNamara v. McNamara · Eldridge v. Eldridge · Gossett v. Ullendorff · Kowalski v. Wojtkowski

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

  1. “"`And it matters not that the marital bond was severed before the children were born. A legitimate child "is he that is born in lawful wedlock, or within a competent time afterwards." 1 Black. Comm. 446. The rule has its genesis in the maxim of the civil law, pater est quem nuptiae demonstrant (the nuptials show who is the father). "A bastard, by our English laws, is one that is not only begotten, but born, out of lawful matrimony." Ibid. 445. At common law a legitimate child is one "either born or begotten in wedlock;" e converso, an illegitimate child is one "neither begotten nor born in lawful wedlock." Long, The Law of Domestic Relations (3rd ed.) sections 251, 277.'"”
    2 later decisions quote this exact passage · from the majority
  2. “"The result of our reversal of the judgment (on appeal No. 69-679) is that the fee order which was the subject of appeal No. 69-1044 also should be reversed. This is so because in a proceeding brought under Chapter 742 Fla.Sta., F.S.A., the authority to order the defendant to pay plaintiff's attorney fees, as provided for in § 742.031, is made to depend on the plaintiff's prosecution of her cause to a successful termination."”
    1 later decision quote this exact passage · from the majority
  3. ““The mother of a child born in wedlock, or conceived while she was married (which includes a child born ‘within a competent time afterwards’), cannot maintain an action to have a man other than her spouse [at that time] declared to be the father of the child. [Citations omitted.]””
    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.