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← 21 MINN 51 - Berthold v. Fox

Berthold v. Fox’s Empirical Analysis

1874

Citation profile

29
cited by 29 later decisions
5
states following
July 1958
most recently cited

3 federal appellate · 22 state decisions

How this case has been cited

Cited by 29 later decisions — most recently July 1958 · most notably Wetmore v. Karrick (1907), Kenning v. Reichel (1921)

3 federal appellate · 22 state decisions

70187418801890190019101920193019401950decided

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 McCormick v. Wheeler, Mellick & Co. · Bilansky v. State · Weed v. Weed · Piper v. Johnston · Hinkley v. St. Anthony Falls Water Power Co.

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

  1. “■ “At common law the authority of an attorney to represent his client in an action ceased upon the entry of judgment, but for a year and a day thereafter he had authority to act for his client in enforcing the judgment by execution, etc. Com. Dig. ‘Attorney,’ B, 10; 2 Inst. 878; 1 Tidd, Pr. 93. * * * But neither the common law nor any statute continues after judgment the authority of the attorney for the defeated party, the judgment debtor, or the defendant in the judgment, as he is aptly styled. * * * After judgment, unless the defendant, by appeal or otherwise, seeks a reversal or modification thereof or a stay of proceedings thereon, no reason is apparent why he should be represented by attorney, or why the authority of his attorney in the action should be presumed to continue. All that remains to be done in the action is the enforcing of the judgment. * * * A judgment creditor may employ a new attorney to enforce the judgment, without any formal substitution • or notice to the defendant. * * * As Mr. Corman’s [the attorney] retainer expired at the entry of the judgment, service upon him was not service upon his client,-and the latter has not received the notice to which he is by law entitled. For this reason, the order appealed from by him must be reversed.””
    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.