Baldwin v. Davis’s Empirical Analysis
1939
Citation profile
3 federal appellate · 38 state decisions
How this case has been cited
Cited by 41 later decisions — most recently May 1990 · most notably Westview Cemetery, Inc. v. Blanchard (1975), Curtis Publishing Co. v. Butts (1965)
3 federal appellate · 38 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 Porter v. Johnson · Brantley v. Rhodes-Haverty Furniture Co. · McElreath v. Gross · Culberson v. Alabama Construction Co. · Brunswick & Western Railroad v. Wiggins
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““l.(a) ‘Strictly speaking, the term “malicious prosecution” is applicable only to the carrying on of a criminal case. . . . When damages are sought for the malicious carrying on of a civil suit, the cause of action is . . . for the malicious use of process. . . . However, the essential elements in a cause of action for the malicious prosecution of a criminal case and the malicious use of process in a civil suit are the same.’ [Citations omitted.] “(b) Malicious use of [civil] process is where a plaintiff in a civil proceeding employs the court’s process in order to execute the object which the law intends for such a process to subserve, but proceeds maliciously and without probable cause. . . . “(c) Malicious abuse of [civil] process is where a plaintiff in a civil proceeding wilfully misapplies the process of a court in order to obtain an object which such a process is not intended by law to effect. . . .””
1 later decision quote this exact passage“whether the entire injury or only a part of it consists of that element.”
1 later decision quote this exact passage
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.