Wells v. Orthwein

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• pleadings that “appellants knew they had no justiciable claim against [the opposing party] when they filed their lawsuit, do not allege a cause of action for abuse of process; they sound more as a pleading in malicious commencement of a civil suit”
• “If the action is confined to its regular and legitimate function ... there is no abuse even if the plaintiff had an ulterior motive in bringing the action, or if he knowingly brought suit upon an unfounded claim.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

34 cases in this archive cite this case; the 20 most cited are listed.

• Boyle v. Vista Eyewear, Inc.
  Missouri Court of Appeals· 1985-11-05· cited 126×
• Ritterbusch v. Holt
  Supreme Court of Missouri· 1990-05-15· cited 77×
• One Thousand Fleet Ltd. Partnership v. Guerriero
  Court of Appeals of Maryland· 1997-06-12· cited 61×
• King v. Unidynamics Corp.
  Missouri Court of Appeals· 1997-03-25· cited 32×
• Guirl v. Guirl
  Missouri Court of Appeals· 1986-03-04· cited 23×
• Jenkins v. Revolution Helicopter Corp.
  Missouri Court of Appeals· 1996-06-18· cited 21×
• Adams v. Julius
  Missouri Court of Appeals· 1986-10-07· cited 19×
• McNear v. Rhoades
  Missouri Court of Appeals· 1999-04-30· cited 18×
• DAVE R. WILLIAMS and CANDICE J. WILLIAMS v. HSBC BANK USA, N.A., Defendant-Respondent.
  Missouri Court of Appeals· 2015-04-14· cited 18×
• Cox v. Crider
  Missouri Court of Appeals· 1986-12-04· cited 12×
• Litton v. Kornbrust
  Missouri Court of Appeals· 2002-09-24· cited 11×
• Hanes v. Continental Grain Co.
  Missouri Court of Appeals· 2001-05-09· cited 11×
• Herring v. Behlmann
  Missouri Court of Appeals· 1987-08-11· cited 11×
• Impey v. Clithero
  Missouri Court of Appeals· 2018-04-24· cited 11×
• Kimbrough v. J.R.J. Real Estate Investments, Inc.
  Missouri Court of Appeals· 1996-10-29· cited 10×
• Lafferty v. Rhudy
  Missouri Court of Appeals· 1994-06-21· cited 10×
• Zahorsky v. Barr, Glynn and Morris, PC
  Missouri Court of Appeals· 1985-06-11· cited 9×
• Henty Construction Co. v. Hall
  Missouri Court of Appeals· 1989-08-22· cited 9×
• Holley v. Caulfield
  Missouri Court of Appeals· 2001-06-29· cited 9×
• Nitcher v. Does
  Eighth Circuit· 1992-02-10· cited 7×

Cites

6 cases in this archive are cited by this case.

• Moffett v. Commerce Trust Company
  Supreme Court of Missouri· 1955-07-11· cited 48×
• National Motor Club of Missouri, Inc. v. Noe
  Supreme Court of Missouri· 1972-01-10· cited 44×
• Dockery v. Mannisi
  Missouri Court of Appeals· 1982-06-15· cited 26×
• Owen v. Owen
  Missouri Court of Appeals· 1982-11-17· cited 26×
• Boyer v. Carondelet Savings & Loan Ass'n
  Missouri Court of Appeals· 1982-03-02· cited 15×
• Wessler v. Wessler
  Missouri Court of Appeals· 1980-07-15· cited 13×