Allison v. Bryan’s Empirical Analysis

Citation profile

48 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It. is- essential that all points be made in the brief, -and properly made; if not so made, they are waived. * * *. It is not enough to assert in general terms that a ruling of the trial court is wrong; a fair effort must be made to prove that it is -wrong, or the point will not be considered as having been made. Counsel cannot make a point in -an appellate tribunal by a naked general assertion, for such an assertion will not be heeded. * * * But, in order to secure so much as notice -of the point stated, they must support it by a fair effort, adducing arguments, and, if they can, citing authorities. A bare designation of a ruling as erroneous, without discussion, is not sufficient to entitle counsel to successfully insist that he has made a point.””

   1 later decision quote this exact passage
   e.g. Ruby v. Edwards

2. ““From the foregoing it will be seen that under practically every and all conditions the parents, in some instances the father, and in others the mother, while losing the right of custody of their children, have in every instance. received at the hands of the court recognition of their right of visitation. It is true the .foregoing cases, other than the opinion of this court, present those only in which the question arose between' parents of legitimate children, but the underlying reason for the rule was in each- instance that the one accorded the right was a parent. and- that it was in accord with humanity and right living and the best interest of the child that it be not estranged.””

   1 later decision quote this exact passage · from the majority
   e.g. Copeland v. Copeland

3. “- “We would not have it understood, however, that in thus declaring the law we hold he should not see his mother, be with her, or be permitted to enjoy her society, nor she his. Not at all. Under the judgment rendered in this case in the lower court provision was made for the father to visit the child, and the successful respondents should not be deaf to the common promptings of humanity which dictate that the child and the mother be granted the utmost possible latitude for social communion consistent with the new duties placed upon all. In case of sickness or accident the mother should be promptly notified, and, if she desires, permitted to attend, care for, and nurse.””

   1 later decision quote this exact passage · from the majority
   e.g. Copeland v. Copeland