Klander v. . West’s Empirical Analysis
1933
Citation profile
4 state decisions
How this case has been cited
Cited by 4 later decisions — most recently January 1993
4 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.
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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“To justify an execution against the person in an action for malicious prosecution there must be affirmative finding by the jury of express or actual malice. Watson v. Hilton , 203 N.C. 574 ; Harris v. Singletary , 193 N.C. 583 ; Swain v. Oakey , 190 N.C. 113 , 116 . In an action for abuse of process it is not necessary to show malice, want of probable cause, or termination of the action; the two essential elements are the existence of an ulterior purpose and an act in the use of the process not proper in the regular prosecution of the proceeding. The act must be willful. Carpenter v. Hanes , 167 N.C. 551 . In the absence of a finding of express malice or the willful abuse of process the *Page 453 person of the defendant cannot be taken in execution.”
1 later decision quote this exact passagee.g. Ledford v. . Smith
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.