Mitchell v. Powell’s Empirical Analysis

Citation profile

25 state decisions

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

1. “"Undoubtedly, the father has primarily, by law as by nature, the right to the custody of his children. This right is not given him solely for his own gratification, but because nature and the law ratifying nature assume that the author of their being feels for them a tenderness which will secure their happiness more certainly than any other tie on earth. Because he is the father, the presumption naturally and legally is that he will love them most, and care for them most wisely. And, as a consequence of this, it is presumed to be for the real interest of the child that it should be in the custody of its father, as against collateral relatives, and he, therefore, who seeks to withhold the custody against the natural and legal presumption, has the burden of showing clearly that the father is an unsuitable person to have the custody of his child; or that, however moral a man he may be, he had abandoned his child, contributing nothing to its support, taking no interest in it, and permitting it to remain continuously in the custody of others, substituting such others in his own place so that they stand in loco parentis to the child, and continuing this condition of affairs for so long a time that the affections of the child and of the foster parents have become mutually engaged to the extent that a severance of this relationship would surely result in destroying the best interest of the child." Id. at 703, 29 So. at 81.”

   1 later decision quote this exact passage
   e.g. 207 So. 2d 92 - Kees v. Fallen

2. “The Drew case does not change the rule with reference to the right of the parent to the custody of his or her child. The additional guides set out in Drew come into play when the parent is not entitled to the custody of his or her child. ( 253 Miss. at 885 , 179 So.2d at 819 ) We also said: In the case of Cassell v. Cassell, 211 Miss. 841 , 52 So.2d 918 (1951), we pointed out that the rule which requires the affirmance of a decree of the chancery court when the evidence is conflicting and where such decree is sustained by substantial evidence does not apply. “On this appeal, in review, we sit as chancellors.” We are required to pass upon the evidence on this question. Therefore we have reached the conclusion that the decree of the chancery court in the instant case must be reversed, and the custody of Phyllis Gail Mitchell awarded to her father, J. W. Mitchell, Jr. ( 253 Miss. at 886, 887 , 179 So.2d at 820 ).”

   1 later decision quote this exact passage
   e.g. 254 So. 2d 907 - Daniels v. Lewellen