Talbott v. Great Western Plaster Co.’s Empirical Analysis

Citation profile

2 federal appellate · 18 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In a few jurisdictions it is maintained that to give an attachment defendant a right of action for the wrongful suing out of an attachment, independently of statute and not under the attachment bond, proof of malice is necessary. But the more prevalent rule is that the attachment defendant has a right of action not based upon the bond, but sounding in tort for an attachment merely wrongful. ’ ’”

   1 later decision quote this exact passage
   e.g. First State Bank of Pond Creek v. Clark

2. ““In a case of this nature those allegations merely characterize the act and aggravate the damages. The wrongful attachment may exist without malice and probable cause; and proof of a wrongful attachment will sustain the action, though there be no evidence of malice and want of probable cause; a failure of proof of the latter elements depriving the plaintiff of anything more than actual damages.””

   1 later decision quote this exact passage
   e.g. Marron v. Barton