Eubanks v. Eubanks’s Empirical Analysis
1968
Citation profile
3 federal appellate · 107 state decisions
How this case has been cited
Cited by 110 later decisions — most recently May 2018 · most notably Link v. Link (1971), Dallaire v. Bank of America, N.A. (2014)
3 federal appellate · 107 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 Fuchs v. Fuchs · Fulp v. Fulp · Taylor v. Taylor · Jones v. Lewis · Joyner v. Joyner
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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When a child is born in wedlock, the law presumes it to legitimate, and this presumption can be rebutted only by facts and circumstances which show that the husband could not have been the father, as that he was impotent or could not have had access to his wife, [citations]. To render the child of a married woman illegitimate, unless impotency be established, proof of the nonaccess of her husband is required, and neither the wife nor the husband is a competent witness to prove such nonaccess, [citations]. ‘The evidence of nonaccess, if there be such, must come from third persons.’ [citation]. If there was access, there is a conclusive presumption that the child was lawfully begotten in wedlock, [citations].” (Emphasis added). Eubanks v. Eubanks, 273 N.C. 189 , 159 S.E. 2d 562 , (1968).”
5 later decisions quote this exact passage“Contracts between husband and wife not inconsistent with public policy are valid, and any persons of full age about to be married and married persons may, with or without a valuable consideration, release and quitclaim such rights which they might respectively acquire or may have acquired by marriage in the property of each other; and such releases may be pleaded in bar of any action or proceeding for the recovery of the rights and estate so released.”
1 later decision quote this exact passage“`relates to the release of an interest in property, but has no bearing whatsoever on the right of a wife to support '”
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.