Hill v. Day’s Empirical Analysis

Citation profile

8 district · 9 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[A] judgment of conviction amounts to a conclusive determination that probable cause for the arrest ... existed (absent any showing of perjury, fraud or corruption in obtaining the judgment).... Therefore, when the petition shows ... a judgment of conviction, it fails to allege a cause of action for ... unlawful arrest....”

   2 later decisions quote this exact passage · from the majority
   e.g. House v. Ane · Fillmore v. Ordonez

2. ““The petition (¶3) alleges that plaintiff was tried and convicted in the police court of the city of Salina of the offense for which he was arrested and charged. Does this fact satisfy the rule that a showing of probable cause for such an arrest and prosecution is a complete defense to an action for malicious prosecution or false arrest where there is no showing of fraud or perjury in the conduct of the trial and obtaining the conviction? We think so, and have so held in a malicious prosecution case: ‘The third count in the petition is held to state no cause of action because it shows that the prosecution of plaintiff resulted in his conviction; notwithstanding his appeal and acquittal in the district court, the conviction in the police court is conclusive of probable cause.’ Smith v. Parman, 102 Kan. 787 (Syll. ¶3), 172 P. 33, 34 .” 168 Kan. at 609 , 215 P.2d at 223 .”

   1 later decision quote this exact passage · from the majority
   e.g. House v. Ane