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← 34 ALA 516 - Bryan v. Bryan

Bryan v. Bryan’s Empirical Analysis

1859

Citation profile

33
cited by 33 later decisions
4
states following
March 1981
most recently cited

32 state decisions

How this case has been cited

Cited by 33 later decisions — most recently March 1981 · most notably Ex Parte Devine (1981), In Matter of Badger (1920)

32 state decisions

7018591860187018801890190019101920193019401950196019701980decided

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 Cornelius v. Cornelius · Ex parte Boaz · Etheridge v. Hall · People ex rel. Rhoades v. Humphreys

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

  1. ““As the equity of this proceeding cannot be maintained under our statute, the question arises, Can it be maintained under the principles which governed the jurisdiction of the chancery court over minor children at common law? The chancery court has jurisdiction, independent of the statute, over the custody of infant children. Story’s Eq. Jur. § 1341. But in the exercise of that jurisdiction, respect is always paid to the prior common-law right of the father to the custody and control of his minor children. Ex parte Boaz, 31 Ala. 425 . This prior right of the father will be controlled and made subordinate to the interests of the children, but it requires a strong case to induce the court to interfere with that right.””
    1 later decision quote this exact passage
    e.g. Anonymous
  2. “want of any peculiar fitness for the custody and care of the children.”
    1 later decision quote this exact passage
    e.g. Ex Parte Devine

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.