Priest v. Priest’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘1 In view of the finding of equal fitness of the parents herein to have custody of the three-year-old child and of the provisions of section 138 (Civ. Code) it would not have been amiss for the court to award exclusive custody to the mother. But a generous discretion is vested by the qualifying clause of subsection 2, to wit, ‘other things being equal’. ... In the exercise of such discretion the court below has impliedly found that the best interests of the child will be served by dividing its custody between the parents. . . . Since no showing is made of the court’s abuse of its discretion, its conclusion cannot be disturbed.””

   1 later decision quote this exact passage
   e.g. 103 Cal. App. 2d 776 - Morgan v. Morgan

2. ““The mother’s position on appeal is that since the evidence shows that both parents are equally fit and proper persons and each has a suitable home it was an abuse of the court’s discretion to award custody of a boy of tender years to the father. In taking this position the mother relies upon that portion of section 138, Civil Code, which provides that ‘other things being equal, if the child is of tender years, it should be given to the mother. ’”

   1 later decision quote this exact passage
   e.g. 115 Cal. App. 2d 551 - Frazier v. Frazier