Legate v. Legate’s Empirical Analysis

Citation profile

354 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 354 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Ordinarily the law presumes that the best interests of the child will be subserved by allowing it to remain in the custody of the parents, no matter how poor and humble they may be, though wealth and worldly advancement may be offered in the home of another. Where,. however, a parent, by writing or otherwise, has voluntarily transferred and delivered his. minor child into the custody and under the control of another, as in the case ’at bar, and then seeks to recover possession of the child by writ of habeas corpus, such parent is invoking the ■ exercise of the equitable discretion of the court to disrupt private domestic relations which he - has voluntarily brought about, and the court will not grant the relief, unless upon a hearing of all the facts it is of opinion that the best interests of the child would be promoted. thereby.””

   2 later decisions quote this exact passage
   e.g. Sears v. Davis · Smith v. Moore

2. “is entitled to that home and environment which will probably best promote the interest of the infant,”

   2 later decisions quote this exact passage
   e.g. Sears v. Davis · Schneider v. Schwabe

3. ““Where the father and mother have, by written agreement, fully and finally relinquished their right to the custody of their infant daughter, three months old in favor of another, at a time when the mother was unable to give proper attention to the child on account of illness from which she was expected to die; and the-child has been formally adopted by the person to whom such custody was given; and where,, on habeas corpus trial, it is shown that the person having custody of the child is in every respect qualified to care for the child and provide for it; and it is also shown that the father and mother are also qualified in every way to care for and raise the child — should the child, after it has been cared for tenderly and lovingly for nearly two years by its foster parents, be taken from their custody and given over to 'the custody of the natural father and mother?””

   1 later decision quote this exact passage
   e.g. Smith v. Moore