Richter v. Neilson’s Empirical Analysis
1936
Citation profile
3 federal appellate · 50 state decisions
How this case has been cited
Cited by 57 later decisions — most recently August 2009 · most notably 214 Cal. App. 2d 603 - Maxon v. Security Insurance of New Haven Connecticut (1963), 88 Cal. App. 3d 31 - City Products Corp. v. Globe Indemnity Co. (1979)
3 federal appellate · 50 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 Ball v. Rawles · Burke v. Watts · Holliday v. Holliday · Hanchey v. Brunson · Johnson v. Southern Pacific Co.
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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“... the evidence, in our opinion, is legally insufficient to establish a case of malicious prosecution, first, for the reason that the record reveals no direct evidence to prove that the defendant was actuated by any malicious motives, nor in our opinion were any circumstances proved from which an inference of malice may be reasonably inferred; and secondly, it affirmatively appears that in causing plaintiff's arrest defendant acted under the advice of the deputy district attorney and in the honest belief that plaintiff had committed the offense with which he was charged.”
1 later decision quote this exact passage““. . . it has long since been the law that if in addition to his own belief a defendant proves that before commencing the prosecution of the action alleged to be malicious he sought the legal advice of an officer selected by the people to prosecute offenders against laws and in good faith fully and fairly disclosed to that officer all of the information he possessed and was then advised that a crime had been committed and the prosecution is based upon a complaint prepared by that officer, he has made out a complete defense to the action. ...””
1 later decision quote this exact passagee.g. Jackson v. Beckham““As the authorities point out, malice being the main indispensable element of an action of this kind, not only is a plaintiff given a very wide range in proving facts and circumstances tending to establish such element, but likewise the defendant is given the same full opportunity to disprove it. 16 Cal. Jur. 748. As said in Griswold v. Griswold, supra, and again in Burke v. Watts, 188 Cal. 118 , 204 P. 578 , whatever tends to prove good faith tends to disprove malice and must be admitted. ’ ’”
1 later decision quote this exact passagee.g. Reynolds v. Holmes
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.