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← 267 N.C. 166 - Cook v. Lanier

Cook v. Lanier’s Empirical Analysis

1966

Citation profile

79
cited by 79 later decisions
4
states following
September 2017
most recently cited

3 federal appellate · 70 state decisions

How this case has been cited

Cited by 79 later decisions — most recently September 2017 · most notably Stanback v. Stanback (1979), Pitts v. Village Inn Pizza, Inc. (1978)

3 federal appellate · 70 state decisions

220196619701980199020002010decided

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 Stacey v. Emery · Lutz Industries, Inc. v. Dixie Home Stores · Carson v. Doggett · Curley v. Automobile Finance Co. · Fowle v. Fowle

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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “`[p]robable cause ... has been properly defined as the existence of such facts and circumstances, known to [the defendant] at the time, as would induce a reasonable man to commence a prosecution.'”
    3 later decisions quote this exact passage
  2. “Evidence that the chief aim of the prosecution was to accomplish some collateral purpose, or to forward some private interest, i.e., to obtain possession of property, or to enforce collection of a debt and the like, is admissible both to show the absence of probable cause and to create an inference of malice and such evidence is sufficient to establish a prima facie want of probable cause. . . .”
    1 later decision quote this exact passage
  3. “[W]hen punitive damages are claimed, the plaintiff must go further and offer evidence tending to prove that the wrongful act of instituting the prosecution was done from actual malice in the sense of personal ill will, or under circumstances of insult, rudeness, or oppression, or in a manner which showed the reckless and wanton disregard of the plaintiff's right.”
    1 later decision quote this exact passage · from the majority

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.