Tranchina v. Arcinas’s Empirical Analysis
1947
Citation profile
67 state decisions
How this case has been cited
Cited by 71 later decisions — most recently April 2016 · most notably 7 Cal. 3d 94 - Barquis v. Merchants Collection Assn. (1972), 49 Cal. 2d 210 - Spellens v. Spellens (1957)
67 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 Pico v. Cohn · Dean v. . Kochendorfer · Ash v. Cohn · Ellis v. . Wellons · Saliem v. Glovsky
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘ “One who uses legal process, whether criminal or civil, against another to accomplish a purpose for which it is not designed is liable to the other for the pecuniary loss caused thereby. “ ‘ “Comment: “ ‘ “a. The gravamen of the misconduct for which the liability stated in this Section is imposed is not the wrongful procurement of legal process or the wrongful initiation of criminal or civil proceedings; it is the misuse of process, no matter how properly obtained, for any purpose other than that which it was designed to accomplish. Therefore, it is immaterial that the process was properly issued, that it was obtained in the course of proceedings which were brought with probable cause and for a proper purpose or even that the proceedings terminated in favor of the person instituting or initiating them. The subsequent misuse of the process, though properly obtained, constitutes the misconduct for which the liability is imposed under the rule stated in this Section.” « 6 9 99”
3 later decisions quote this exact passage““‘The gist of the action for abuse of process lies in the improper use of process after it is issued. To show that regularly issued process was perverted to the accomplishment of an improper purpose is enough.’ “To the same effect are 50 C.J. 612; 1 Am.Jur. 176; Prosser on Torts, § 98, p. 892 et seq.; Coplea v. Bybee, 290 Ill.App. 117 [ 8 N.E.2d 55 ]; Ash v. Cohn, 119 N.J.L. 54 [ 194 A. 174 ]; Saliem v. Glovsky, 132 Me. 402 [ 172 A. 4 ]; Defnall v. Schoen, 73 Ga.App. 25 [ 35 S.E.2d 564 ]; Ellis v. Wellons, 224 N.C. 269 [ 29 S.E.2d 884 ]; Nix v. Goodhill, 95 Iowa 282 [ 63 N.W. 701 , 58 Am.St.Rep. 434 ]; Kool v. Lee, 43 Utah 394 [ 134 P. 906 ]; and cases collected in the notes in 80 A.L.R. 580 and 86 Am.St.Rep. 397 ; and cf. the dictum in Crews v. Mayo, 165 Cal. 493 at p. 495 [ 13 P. 1032 ]. . . . Whether malice is a necessary element of this tort has been questioned (50 C. J. 616-617; 1 Am.Jur. 179-180) but if malice is a necessary element it is settled that it may be inferred from the wilful abuse of the process (50 C.J. 616; 1 Am.Jur. 192; Prosser on Torts, 893-894; Coplea v. Bybee, supra, 290 Ill.App. 117 [ 8 N.E.2d 55, 59 ]; and cases collected in 80 A.L.R. 582 ).” (Emphasis added.) Dean Prosser, University of California School of Law, has the following to say with the citation of many authorities: “The action for malicious prosecution, whether it be permitted for criminal or civil proceedings, has failed to provide a remedy for a group of cases in which legal procedure ha”
1 later decision quote this exact passage“may be inferred from the wilful abuse of the process.”
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.