Baker v. Tullock’s Empirical Analysis
1938
Citation profile
2 district · 9 state decisions
How this case has been cited
Cited by 15 later decisions — most recently April 2012
2 district · 9 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 Young v. Levine · Phelps v. Union Central Life Insurance · Barnes v. Verry · Noell v. Missouri Pacific Railroad · State Ex Rel. Coffey v. District Court
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Section 8993 [37-61 — 420] is a remedial statute which should be construed in advancement of the remedy, and “so as to secure and protect, and not defeat the rights and objects intended by its provisions.” (Citation omitted.) It is competent for the Legislature to provide for an attorney's lien on the client’s cause of action even though the cause of action is “an intangible, incorporeal something,” and “the lien which the statute fixes on the plaintiffs right of action follows the transition, without interruption, and simply attaches to that into which the right of action is merged. If a judicial recovery is obtained, the lien attaches to that; if a compromise agreement is made, the lien attaches to that; and in each case the attorney’s interest is such that it cannot be defeated or satisfied by voluntary payment to his client without his [attorney’s] consent. (Citations omitted.)””
1 later decision quote this exact passage · from the majoritye.g. In Re O'Connell“Section 8993 is a remedial statute which should be construed in advancement of the remedy, and “so as to secure and protect, and not defeat, the rights and objects intended by its provisions.” It is competent for the Legislature to provide for an attorney's hen on the chent’s cause of action even though the cause of action is “an intangible, incorporeal something,” and “the hen which the statute fixes on the plaintiffs right of action follows the transition, without interruption, and simply attaches to that into which the right of action is merged. If a judicial recovery is obtained, the hen attaches to that; if a compromise agreement is made, the lien attaches to that; and in each case the attorney’s interest is such that it cannot be defeated or satisfied by a voluntary payment to his client without his consent.””
1 later decision quote this exact passage · from the majority“The clause in our statute which starts with the words “which attaches” was not intended to restrict but to enlarge or extend the attorney’s lien. Without that clause there was room for doubt as to whether the lien would extend to the verdict, report, decision or judgment. After judgment is recovered, the cause of action is merged in the judgment, and for that reason we think the Legislature added the phrase to make sure that the lien which theretofore existed on the cause of action should attach to the judgment and thereafter to the proceeds of the verdict, report, decision, or judgment.”
1 later decision quote this exact passage · from the majority
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.