64 Ohio App. 2d 196 - Dakters v. Shane’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Since 1900, it has been the established law of Ohio which is dispositive of this case that: “ ‘As a general rule no suit will lie for the malicious prosecution of a civil action, where there has been no arrest of the person' or seizure of property.’ Cincinnati Daily Tribune Co. v. Bruck (1900), 61 Ohio St. 489 (paragraph one of the syllabus). “Here there was neither an arrest of Dr. Dakters nor a seizure of his property. This rule has been cited with approval in Perry v. Arsham (1956), 101 Ohio App. 285 [ 1 O.O.2d 266 ]; Delk v. Colonial Finance Co. (1963), 118 Ohio App. 451 [ 25 O.O.2d 161 ]; and Avco Delta Corp. v. Walker (1969), 22 Ohio App. 2d 61 [ 51 O.O.2d 122 ]. In Perry v. Arsham, supra, at page 287, Judge Doyle of this court stated: “ ‘This Ohio rule is spoken of as the “strict view,” and the arguments in its favor are generally as follows: “ ‘(1) “Costs” are given as adequate redress; (2) courts should be free and open to all without fear of being sued in return; (3) freely permitting malicious prosecution actions would make litigation interminable; (4) defendant should have no right to a malicious prosecution action, since plaintiff has no action if a defense is malicious and groundless.’ “We recognize that the rule is not the majority rule (see 52 American Jurisprudence 2d 192, Malicious Prosecution, Section 10) and that it has been severely criticized. See Prosser on Torts (4 Ed.) 850, Section 120. Yet it is still the law of Ohio until such time as the Supreme C”

   1 later decision quote this exact passage
   e.g. 7 Ohio App. 3d 72 - Battig v. Forshey