9 E.H. Smith 140 - Brantingham v. Huff’s Empirical Analysis
1898
Citation profile
46 state decisions
How this case has been cited
Cited by 48 later decisions — most recently July 1973 · most notably Betz v. Horr (1937), In re the Adoption of Cohen (1935)
46 state decisions
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 Abney v. DeLoach · Morrison v. Estate of Sessions
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““While there has been some diversity of opinion in the lower courts as to the precise meaning of this clause, we think the only construction • permissible is that it refers to those forms of adoption theretofore existing by virtue of special statutory enactments contained in the charters of charitable societies that received destitute and homeless children, and whose officers were permitted to execute agreements of adoption on their behalf with suitable persons willing to assume the obligations of parents. . . . It is obvious that the legislature did not have in contemplation the legalizing of private agreements executed without authority of law and containing no safeguards or restrictions of any kind as to the transmission of property. Any such construction of the saving clause in the act of 1873 might seriously affect the titles to real estate and introduce many elements of danger. “It follows that the agreement in this case, relied on to create the relation of foster parents and adopted child, worked no such result.” In re Thorne’s Will, 155 N. Y. 140 , 49 N. E. 661 .”
1 later decision quote this exact passage““Nothing herein contained shall prevent proof of the adoption of any child, heretofore made according to any method practiced in this state, from being received in evidence, nor such an adoption from having the effect of an adoption hereunder.””
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.