Alexander v. Laman’s Empirical Analysis

Citation profile

2 district · 7 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Upon this proof the court was right in instructing a verdict for the defendant. It was incumbent on the plaintiff to show, as an essential element of her cause of action, that the defendant acted without probable cause in having her arrested. Price v. Morris, 122 Ark. 382 , 183 S.W 180 [(1916)].That element of [Alexander’s] case is necessarily lacking, for it is settled that a judgment of conviction by a court of competent jurisdiction is conclusive evidence of the existence of probable cause, even though the judgment is later reversed. Freeman v. Allen, 193 Ark. 432 , 100 S.W.2d 679 [(1937)] — Since the municipal court’s judgment, in the absence of fraud in its procurement, was conclusive evidence of the existence of probable cause, [Alexander] was not entitled to retry an issue already determined.”

   1 later decision quote this exact passage
   e.g. Sundeen v. Kroger

2. “The rule seems to be established by the weight of authority that a judgment of conviction by a court of competent jurisdiction is conclusive evidence of the existence of probable cause, even though the judgment [is] subsequently reversed and set aside, unless it be shown that the judgment was procured by fraud or undue means.”

   1 later decision quote this exact passage
   e.g. 81 Ark. App. 371 - Sundeen v. Kroger