Von Hake v. Thomas’s Empirical Analysis
1993
Citation profile
3 district · 7 state decisions
How this case has been cited
Cited by 10 later decisions — most recently March 2015
3 district · 7 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 National Union of Marine Cooks & Stewards v. Arnold · Duffy v. Hartsock · 89 Wash. 2d 539 - Haller v. Wallis · Von Hake v. Thomas · Tobin v. Casaus
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Thomas first argues that an action to renew a judgment is an action separate from the action out of which the judgment arose. Thomas urges this court to consider a renewal proceeding a separate action because it is commenced by the filing of a new complaint and summons. See Utah R. Civ. P. 3(a). We refuse to do so. It is clear in the instant case that the renewal judgment appealed from arises, ultimately, from the same cause of action that culminated in the original judgment. Thus, we could consider the renewal action a collateral proceeding .... However, we believe the better line of reasoning, which is followed by Utah and the majority of American jurisdictions, treats a renewal action as simply a continuation of the original proceeding. Under Utah law, “[a] renewal is not an attempt to enforce, collect, or expand the original judgment.” Barber v. Emporium Partnership, 800 P.2d 795, 797 (Utah 1990)(holding that an action to renew a judgment against a debtor does not violate the automatic stay provisions of the Bankruptcy Code). Instead, in seeking to renew a judgment, a party is “only trying to maintain the status quo by preventing the judgment’s lapse under the statute of limitations.” Id. Accordingly, Utah law treats a renewal action, at least in other contexts, as merely a continuation of the original proceeding and not as a new and independent action. The adherence of American jurisdictions to this position is unmistakable in cases dealing with questions of in personam ”
1 later decision quote this exact passage“[Aln attorney is the agent of the client and knowledge of any material fact possessed by the attorney is imputed to the client.”
1 later decision quote this exact passage · from the majoritye.g. Begum v. Begum
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.