Emons v. DINELLI’s Empirical Analysis
1956
Citation profile
70 state decisions
How this case has been cited
Cited by 72 later decisions — most recently June 2016 · most notably Pender v. McKee (1979), Doe Ex Rel. Doe v. Heim (1976)
70 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 Pokraka v. Lummus Co. · New York Central Railroad v. Milhiser · Purinton v. Jamrock · Davies Adoption Case · Nugent v. Powell
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) a parent or parents if the child is adjudged to have been abandoned or deserted for six [6] months or more immediately preceding the date of the filing of the petition. . . .””
4 later decisions quote this exact passage“" Admittedly, there can be no adoption in the absence of consent, unless the ultimate facts of abandonment or desertion is found to exist. (Emphasis supplied) The issue with which we are concerned involves the criterion or evidentiary facts necessary to support the ultimate fact of such abandonment or desertion. In determining the elements or criterion of the words `abandoned or deserted,' as used in our adoption statute, we look first to the language and purpose of the statute. (Here the Court cited the statute.) ..... Significantly our adoption statute omits the use of the word `wilful,' as characterizing the abandonment or desertion. In contrast, the Ohio statute uses the term `wilfully abandon' and, in construing that statute, the probate court of that state stated with reason that `... The word "wilfully" as used in the statute has a definite meaning which requires that neglect of the parents must be intentional. Without the word being used the neglect of duty could be caused by carelessness and neglect and, therefore, be unintentional....' In re Adoption of Gates (1948), 84 Ohio App. 269, 270 , 85 N.E.2d 597, 598 . Therefore, looking to the language of our statute, we conclude that the careless and negligent failure to perform the duties of parenthood is a significant element of the offense of abandonment or desertion, which neglect is to be considered regardless of any actual `intention' or `settled purpose' by the parent to relinquish the proprietary claim of the pare”
3 later decisions quote this exact passage“Admittedly, there can be no adoption in the absence of consent, unless the ultimate fact of abandonment or desertion is found to exist. The issue with which we are concerned involves the criterion or evidentiary facts necessary to support the ultimate fact of such abandonment or desertion. In determining the elements or criterion of the words `abandoned or deserted'; as used in our adoption statute, we look first to the language and purpose of the statute. (Here the Court cited the statute.) ..... "Significantly our adoption statute omits the use of the word `wilful'; as characterizing the abandonment or desertion. In contrast, the Ohio statute uses the term `wilfully abandon' and, in construing that statute, the probate court of that state stated with reason that `... The word "wilfully" as used in the statute has a definite meaning which requires that neglect of the parents must be intentional. Without the word being used the neglect of duty could be caused by carelessness and neglect and, therefore, be unintentional....' In re Adoption of Gates (1948), 84 Ohio App. 269, 270 , 85 N.E.2d 597, 598 . Therefore, looking to the language of our statute, we conclude that the careless and negligent failure to perform the duties of parenthood is a significant element of the offense of abandonment or desertion, which neglect is to be considered regardless of any actual `intention' or `settled purpose' by the parent to relinquish the proprietary claim of the parent to his child." Emmo”
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.