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← 46 NC 423 - Kirkham v. . Coe and Causey

Kirkham v. . Coe and Causey’s Empirical Analysis

1854

Citation profile

4
cited by 4 later decisions
1
states following
April 1984
most recently cited

4 state decisions

How this case has been cited

Cited by 4 later decisions — most recently April 1984

4 state decisions

1018541860187018801890190019101920193019401950196019701980decided

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.

  1. “It is a matter between private citizens, and if the wrongful act of one causes loss to another, there is no reason why compensation should not be made. Whether in such a case proof of malice would entitle the party not only to compensation, but to vindictive damages, is a question not now before us. It is sufficient to say, malice need not be proven in order to support the action, for the damage is the same to the plaintiff, and the `gist' of action is that the defendant had injured him, caused him to sustain damages wrongfully, by suing out the process without probable cause.”
    1 later decision quote this exact passage
  2. “When one in the assertion of a civil right resorts to an extraordinary process without probable cause, and thereby injures his neighbor, (178) there is no ground of public policy upon which to excuse him.”
    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.