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← 292 N.C. 192 - Brondum v. Cox

Brondum v. Cox’s Empirical Analysis

1977

Citation profile

34
cited by 34 later decisions
5
states following
April 2001
most recently cited

31 state decisions

How this case has been cited

Cited by 34 later decisions — most recently April 2001 · most notably 8 Ohio App. 3d 79 - Fancher v. Fancher (1982), 53 N.C. App. 67 - Withrow v. Webb (1981)

31 state decisions

2701977198019902000decided

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 Williams v. State of North Carolina · Stockton Theatres, Inc. v. Palermo · Bruton v. . Light Co. · 153 Ind. App. 149 - Neill v. Ridner · 148 Cal. App. 2d 147 - Garcia v. Garcia

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

  1. “The severing of a relationship or an adjudication that it never existed for the purpose of establishing the parties' freedom from it in the future is not the same thing, however, as creating it or establishing its present existence. [Citation omitted.] Thus it has been recognized that a decree of divorce is a judgment in rem only to the extent it determines that the parties are thereafter free to remarry and is in personam to the extent it determines that a marriage existed at the time it was entered. [Citation omitted.] Basically the difference is between the state's power to insulate its domiciliary from a relationship with one not within its jurisdiction and its lack of power to reach out and fasten a relationship upon a person over whom it has no jurisdiction.”
    1 later decision quote this exact passage
  2. “Although the paternity plaintiff has occasionally argued that jurisdiction should be assumed ex parte, that contention has been universally rejected even by courts which have found no difficulty in sustaining ex parte jurisdiction over divorce, on the ground that there exists a fundamental difference between actions such as divorce which merely sever a personal status — although they may continue preexisting obligations — and actions like paternity which impose new affirmative duties and obligations. . . . Because of the extremely harsh and unfair consequences of an erroneous judgment, jurisdiction in paternity cases should be allowed only upon compliance with the general criteria of fairness and convenience applicable to other types of personal actions. . . .”
    1 later decision quote this exact passage
  3. “[t]hat a judgment rendered by a court having jurisdiction to do so finding paternity to exist bars the relitigation of that issue by the parties to the original judgment is a well established rule of law in other jurisdictions that have considered the question. [Citations omitted.]”
    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.