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← 28 Cal. App. 308 - Thomas v. Lally

28 Cal. App. 308 - Thomas v. Lally’s Empirical Analysis

1915

Citation profile

4
cited by 4 later decisions
2
states following
June 1968
most recently cited

3 state decisions

How this case has been cited

Cited by 4 later decisions — most recently June 1968

3 state decisions

20191519201930194019501960decided

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 Doehla v. Phillips · Bowne Manzanares Company v. Francisco Chavez Browne Manzanares Company · 2 App. D.C. 226 - Mann v. Cooper · Fagan v. Bently · 15 La. Ann. 150 - Morton & Hamner v. Valentine

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

  1. ““While it is true that a scire facias for the purpose of obtaining execution is ordinarily a judicial writ to continue the effect of the former judgment, yet it is in the nature of an action because the defendant may plead to it; and in many cases it has been classified as, in substance, a new action (citing many cases).In these cases it was ruled that scire facias on a judgment was not a mere continuation of a former suit but created a new right.” .... “A judgment upon a scire facias ‘is in legal effect a new judgment, and the statute of limitations begins to run from its date anew.’ .... “The conclusion of the court upon the final hearing upon the scire facias is something more than air execution. It is a judgment. If so, then we are informed by the Constitution of the United States, and the act of Congress under it, what effect must be given to this judgment in Louisiana. It must have the same effect here that it has in the state of Mississippi. ’ ’”
    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.