24 Ill. App. 3d 401 - Marcus v. Marcus’s Empirical Analysis
1974
Citation profile
73 state decisions
How this case has been cited
Cited by 73 later decisions — most recently March 2023 · most notably 114 Ill. App. 3d 47 - In Re Marriage of Smith (1983), 120 Ill. App. 3d 807 - Doyle v. Shlensky (1983)
73 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 Nye v. Nye · Merchants National Bank v. Elgin, Joliet & Eastern Railway Co. · 53 Ill. 2d 508 - Reese v. Melahn · 49 Ill. 2d 118 - Merchants Nat. Bk. v. EJ & E. RY. CO. · 80 Ill. App. 2d 251 - Carlson v. Carlson
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““* # * there is today no inflexible rule which requires that custody of children, especially of tender age, be vested in the mother. Equality of the sexes has entered this field. The fact that a mother is fit is only one facet of the situation and, standing by itself, it does not authorize a denial of custody to the father, when this appears necessary because of other considerations.” 24 Ill.App.3d 401,407 .”
2 later decisions quote this exact passage · from the majority““* * * the presumption in favor of the result reached by the trial court is always strong and compelling in this type of case.””
2 later decisions quote this exact passage · from the majority““Furthermore, in this situation, as in other cases in which expert opinions are used by the court, no harm is done by the expression of expert opinion bearing directly upon the ultimate issues. The trial court ‘is not required to accept the opinion of the expert ° * V (Merchants National Bank v. Elgin, J. & E. Ry. Co., 49 Ill. 2d 118, 122 , 273 N.E.2d 809 .) Thus, in a case involving custody of a child, this court has held that receiving the opinion of a psychiatrist ‘would not usurp the decision-making function of the court.’ Filipello v. Filipello, 130 Ill. App. 2d 1089, 1095 , 268 N.E.2d 478 .””
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.