Marchbanks v. Young’s Empirical Analysis
1943
Citation profile
2 federal appellate · 2 district · 12 state decisions
How this case has been cited
Cited by 16 later decisions — most recently September 2016
2 federal appellate · 2 district · 12 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 Langford v. Boston & Albany Railroad · Meraz v. Valencia · Vincioni v. Phelps Dodge Corp. · Wickstrom v. Swanson · Nelson v. National Casualty Co.
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is the general rule that where defendant, charged with a crime which may be compromised lawfully, voluntarily pays the amount involved in the criminal case for the purpose of settlement, and the charge is withdrawn or dismissed in consequence thereof, the payment is a tacit admission that there was probable cause for instituting the proceedings; hence an action for malicious prosecution will not lie.”
1 later decision quote this exact passage“It is a general rule that in an action for malicious prosecution ... the plaintiff must allege a termination in his favor of the prosecution or suit complained of. 34 Am. Jur. Sec. 114, p. 771.”) (internal quotation omitted). We prefer that convention and shall, henceforth, employ it. . See Nahm v. Aden, 1874 WL 6721 at (Ky. Sept. 26, 1874) (”
1 later decision quote this exact passagee.g. Martin v. O'Daniel““Probable cause in actions for malicious prosecution is a question of law for the court.” Meraz v. Valencia, 28 N.M. 174 , 210 P. 225 . Vincioni v. Phelps Dodge Corp., 35 N.M. 81 , 290 P. 319 .”
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.