McDavitt v. Boyer’s Empirical Analysis

Citation profile

8 federal appellate · 28 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ Privileged words are also those which are used by a party or by counsel, or by a party acting as his own counsel, in judicial proceedings, including preliminary inquiries as to crime before justices of the peace. The same reasons, based upon public policy and upon the necessity for a fearless administration of justice, apply here as in the case of witnesses. Whatever is said or written in a legal proceeding, pertinent and material to the matter in controversy, is privileged, and no action can be maintained upon it. (Spaids v. Barrett, 57 Ill. 289 ; Strauss v. Meyer, 48 Id. 385 .) Malice can not be predicated of what is said or written in a proceeding in a court of justice.””

   1 later decision quote this exact passage · from the majority
   e.g. 94 Ill. App. 171 - Burdette v. Argile

2. ““No action for slander will lie against a witness for what he says or writes in giving evidence in a judicial proceeding, notwithstanding it may be malicious or false. The privilege, that exempts a witness from such action, is absolute.””

   1 later decision quote this exact passage · from the majority
   e.g. 155 Ill. App. 3d 537 - Withall v. Capitol Federal Savings of America