Nye v. Nye’s Empirical Analysis

Citation profile

225 state decisions

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

1. ““After a divorce decree in this State the custody of the children is always subject to the order of the court which enters the decree and may be changed from time to time as the best interests of the children demand. The decree is res judicata as to the facts which existed at the time it was entered but not as to facts arising thereafter.” (Emphasis added.) (Nye v. Nye (1952), 411 Ill. 408, 416 , 105 N.E.2d 300, 304 .)”

   3 later decisions quote this exact passage · from the majority
   e.g. 255 Ill. App. 3d 781 - Matter of Connors · 31 Ill. App. 2d 120 - Gottlieb v. Gottlieb

2. ““Where the mother is able to care for her minor daughter and is not shown to lack the proper attributes of good motherhood, past misconduct, where the evidence indicates no probable future misconduct, should not be a basis for denying custody to the' mother. To do so would be not only to punish the mother for her past misconduct, but, more important, would punish the child by denying her a mother’s care and guidance. It is not the purpose of this court, nor of any court, to so punish an innocent child. The guiding star is and must be, at all times, the best interest of the child.””

   2 later decisions quote this exact passage · from the majority
   e.g. 25 Ill. App. 3d 20 - Huey v. Huey · 49 Ill. App. 3d 160 - Hendrickson v. Hendrickson

3. “Under our divorce statute the court is clothed with a large discretion in determining to which parent a child will be given. It is usual in such cases, due to the tender years of the child and in consideration of its best interests, to entrust its care and custody to the mother, she being a fit and proper person to rear the child. (Citing cases.) The maternal affection is more active and better adapted to the care of the child. Especially is this true in the case of a minor daughter, where the care and guidance of a mother's hand is doubly important. This principle has become so well fixed and followed in this State that this court has not in recent years been called to rule upon it. Therefore, compelling evidence must be presented, proving the mother to be an unfit person, to cause the custody of her minor daughter to be denied her, or there must be a positive showing that to deny custody to the mother would be for the best interests of the child." (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. 45 Ill. App. 2d 128 - Richton v. Richton