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← 294 N.C. 554 - Clark v. Clark

Clark v. Clark’s Empirical Analysis

1978

Citation profile

98
cited by 98 later decisions
2
states following
May 2019
most recently cited

98 state decisions

How this case has been cited

Cited by 98 later decisions — most recently May 2019 · most notably 28 Wash. App. 637 - In Re the Marriage of Allen (1981), Phelps v. Phelps (1994)

98 state decisions

47019781980199020002010decided

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 Willis v. Duke Power Co. · Blackley v. Blackley · Peaseley v. VIRGINIA IRON, COAL AND COKE COMPANY · Shepherd v. Shepherd · Rose's Stores, Inc. v. Tarrytown Center, Inc.

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

  1. “In contempt proceedings the judge's findings of fact are conclusive on appeal when supported by any competent evidence and are reviewable only for the purpose of passing on their sufficiency to warrant the judgment.”
    4 later decisions quote this exact passage
  2. ““When the child has reached the age of discretion, the court may consider the preference or wishes of the child to live with a particular person. A child has attained an age of discretion when it is of an age and capacity to form an intelligent or rational view on the matter. The expressed wish of a child of discretion is, however, never controlling upon the court, since the court must yield in all cases to what it considers to be for the child’s best interests, regardless of the child’s personal preference. . . . The preference of the child should be based upon a considered and rational judgment, and not made because of some temporary dissatisfaction or passing whim or some present lure.””
    2 later decisions quote this exact passage
  3. “Once the custody of a minor child is determined by a court, that order cannot be altered until it is determined (1) that there has been a substantial change in circumstances affecting the welfare of the child and (2) a change in custody is in the best interest of the child. A party seeking modification of a child custody order bears the burden of proving the existence of a substantial change in circumstances affecting the welfare of the child.”
    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.