Wilcox v. Berrey’s Empirical Analysis

Citation profile

1 district · 4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But even the courts which hold that an action lies if no other injury is done than to vex and annoy a defendant and cause him the expense of engaging counsel uniformly hold that .the suit complained of shall terminate in favor of the defendant before he can bring an action against the plaintiff for its malicious prosecution. “The reason for this requirement is variously stated. It is not until the suit is ended that it can be judicially ascertained whether it is justifiable or brought in malice and without probable cause. Malice alone is not enough; there must also be want of probable cause for bringing the action to make one liable for its malicious prosecution.” Wilcox v. Berrey, 16 Haw. 41 .”

   1 later decision quote this exact passage · from the majority
   e.g. Peacock v. Rothwell

2. “The common law action for abusing legal process is confined to the use of process for the purpose of compelling the defendant to do some collateral thing which he could not lawfully be compelled to do.”

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Hurd