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← 286 P3D 283 - Powell v. Dicksion

Powell v. Dicksion’s Empirical Analysis

2012

Citation profile

12
cited by 12 later decisions
2
states following
December 2023
most recently cited

11 state decisions

Relationships

Relies on Horizons, Inc. v. Keo Leasing Co. · Hulsey v. Mid-America Preferred Insurance Co. · Schepp v. Hess · Ginn v. Knight · Owings v. Pool Well Service

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

  1. “Failure to amend a statute after its judicial construction constitutes legislative acquiescence to that construction ... 'Legislative silence, when it has the authority to speak may be considered as an understanding of legislative intent.”
    3 later decisions quote this exact passage · from the dissent
  2. “For inheritance purposes, a child born out of wedlock stands in the same relation to his mother and her kindred, and she and her kindred to the child, as if that child had been born in wedlock. For like purposes, every such child stands in identical relation to his father and his kindred, and the latter and his kindred to the child, whenever: (a) the father, in writing, signed in the presence of a competent witness acknowledges himself to be the father of the child, (b) the father and mother intermarried subsequent to the child's birth, and the father, after such marriage, acknowledged the child as his own or adopted him into his family, (c) the father publicly acknowledged such child as his own, receiving it as such, with the consent of his wife, if he is married, into his family and otherwise treating it as if it were a child born in wedlock, or (d) the father was judicially determined to be such in a paternity proceeding before a court of competent jurisdiction. For all purposes, the issue of all marriages null in law, or dissolved by divorce, are deemed to have been born in wedlock.”
    1 later decision quote this exact passage
  3. “meaning and effect of an instrument filed in court depends on its contents and substance rather than on the form or title”
    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.