Kunz v. Johnson’s Empirical Analysis
1953
Citation profile
45 state decisions
How this case has been cited
Cited by 45 later decisions — most recently May 2000 · most notably Moore v. Kluthe & Lane Ins. Agency, Inc. (1975), Sabag v. Continental South Dakota (1985)
45 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 Dimick v. Schiedt · Stewart v. Sonneborn · Burt v. . Smith · Tunnel Mining and Leasing Co. v. Cooper · Bogue v. Gunderson
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the commencement or continuance of an original criminal or civil judicial proceeding; (2) its legal causation by the present defendant against plaintiff, * * (3) its bona fide termination in favor of the present plaintiff; (4) the absence of probable cause for such proceeding; (5) the presence of malice; (6) damage conforming to legal standards resulting to plaintiff.”
8 later decisions quote this exact passage““(1) The advice of an attorney at law admitted to practice and practicing in the state in which the proceedings are brought, whom the client has no reason to believe to be interested, is conclusive of the existence of probable cause for initiating criminal proceedings in reliance upon the advice if it is “(a) sought in good faith, and “(b) given after a full disclosure of the facts within the accuser’s knowledge and information.””
1 later decision quote this exact passage“that it rests within the power of a trial court, in the exercise of its broad discretion, to deny a new trial on condition that plaintiff consent to a remittitur.”
1 later decision quote this exact passagee.g. Roth v. Jelden
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.