Joe v. Marcum’s Empirical Analysis
621 F.2d 358 · 1980
Citation profile
5 federal appellate · 3 district · 6 state decisions
How this case has been cited
Cited by 18 later decisions — most recently January 2019
5 federal appellate · 3 district · 6 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 Hagans v. Lavine · Williams v. Lee · McClanahan v. State Tax Commission of Arizona · Texas v. Louisiana · Lone Wolf v. Ethan a Hitchcock
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Garnishment proceedings are indeed ancillary proceedings in the sense that they are in aid of a judgment previously obtained. However, such are independent proceedings in the sense that they are against the judgment debtor’s employer, to attach wages held by the employer and due the judgment debtor. The subject matter of the present garnishment proceedings is money held by Utah International and due Joe. Utah International was served on the reservation. The garnishment res is located on the reservation and represents wages due for services rendered by Joe to Utah International on the reservation. Under such circumstances, to uphold the present garnishment would thwart the Navajo policy which does not permit garnishment of wages.”
1 later decision quote this exact passage · from the majoritye.g. Begay v. Roberts“[A] sovereign entity such as the Navajo tribe need not provide garnishment, if it so chooses. As indicated, such is the Navajo policy, as the tribal code does not provide for garnishment, although it does provide other means of enforcing judgments. Under such circumstances, to permit a state court of New Mexico to run a garnishment against Utah International, on the reservation, and attach wages earned by Joe for on-reservation labor, would thwart the Navajo policy not to allow garnishment. Such impinges upon tribal sovereignty, and runs counter to the letter and spirit of the Navajo Treaty of 1868, the New Mexico Enabling Act, and other applicable federal statutes.”
1 later decision quote this exact passage · from the majoritye.g. Begay v. Roberts
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.