Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
34 Texas opinions name it 5 courts 1879–2026 1 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sprint Communications Co. v. APCC Services, Inc.green2 sentences2026We find that the Bill of Sale and Assignment provided Midland with standing to collect on the debt even though it “did not expressly reference [Houston’s] account” since “other evidence exists in the record that suggests [her] account was sold to [Midland].” Eaves v. Unifund CCR Partners, 301 S.W.3d 402, 405 (Tex. App.—El Paso 2009, no pet.); see id. (citing Sprint Commc’ns Co. v. APCC Servs., Inc., 554 U.S. 269 (2008)) (“assignee for collection may 5 properly sue on the assigned claim”).4 As a result, we conclude that Midland had standing to collect on the debt, and we overrule Houston’s last 2009See Sprint Communications Co., L.P. v. APCC Services, Inc., — U.S. -, 128 S.Ct. 2531, 2541-43 , 171 L.Ed.2d 424 (2008) (as-signee for collection may properly sue on the assigned claim); Cartwright v. MBank Corpus Christi, N.A., 865 S.W.2d 546, 549 (Tex.App.-Corpus Christi 1993, writ denied) (assignee, who pled that it was a holder of the note and entitled to sue on it, was entitled to sue to collect on the note); Schultz v. Aetna Business Credit, Inc., 540 S.W.2d 530, 532 (Tex.Civ.App.-San Antonio 1976, no writ) (instrument of assignment, which transferred to assignee of promissory note the ri | 4 | 4 |
Schultz v. Aetna Business Credit, Inc.green2 sentences2009See Sprint Communications Co., L.P. v. APCC Services, Inc., — U.S. -, 128 S.Ct. 2531, 2541-43 , 171 L.Ed.2d 424 (2008) (as-signee for collection may properly sue on the assigned claim); Cartwright v. MBank Corpus Christi, N.A., 865 S.W.2d 546, 549 (Tex.App.-Corpus Christi 1993, writ denied) (assignee, who pled that it was a holder of the note and entitled to sue on it, was entitled to sue to collect on the note); Schultz v. Aetna Business Credit, Inc., 540 S.W.2d 530, 532 (Tex.Civ.App.-San Antonio 1976, no writ) (instrument of assignment, which transferred to assignee of promissory note the ri 2009See Sprint Communications Co., L.P. v. APCC Services, Inc., — U.S. —, 128 S.Ct. 2531, 2541-43 , 171 L.Ed.2d 424 (2008) (assignee for collection may properly sue on the assigned claim); Cartwright v. MBank Corpus Christi, N.A., 865 S.W.2d 546, 549 (Tex. App.–Corpus Christi 1993, writ denied) (assignee, who pled that it was a holder of the note and entitled to sue on it, was entitled to sue to collect on the note); Schultz v. Aetna Business Credit, Inc., 540 S.W.2d 530, 532 (Tex. Civ. | 3 | 3 |
Cartwright v. MBank Corpus Christi, N.A.green2 sentences2009See Sprint Communications Co., L.P. v. APCC Services, Inc., — U.S. -, 128 S.Ct. 2531, 2541-43 , 171 L.Ed.2d 424 (2008) (as-signee for collection may properly sue on the assigned claim); Cartwright v. MBank Corpus Christi, N.A., 865 S.W.2d 546, 549 (Tex.App.-Corpus Christi 1993, writ denied) (assignee, who pled that it was a holder of the note and entitled to sue on it, was entitled to sue to collect on the note); Schultz v. Aetna Business Credit, Inc., 540 S.W.2d 530, 532 (Tex.Civ.App.-San Antonio 1976, no writ) (instrument of assignment, which transferred to assignee of promissory note the ri 2009See Sprint Communications Co., L.P. v. APCC Services, Inc., — U.S. —, 128 S.Ct. 2531, 2541-43 , 171 L.Ed.2d 424 (2008) (assignee for collection may properly sue on the assigned claim); Cartwright v. MBank Corpus Christi, N.A., 865 S.W.2d 546, 549 (Tex. App.–Corpus Christi 1993, writ denied) (assignee, who pled that it was a holder of the note and entitled to sue on it, was entitled to sue to collect on the note); Schultz v. Aetna Business Credit, Inc., 540 S.W.2d 530, 532 (Tex. Civ. | 3 | 3 |
Eaves v. Unifund CCR Partnersgreen2 sentences2026We find that the Bill of Sale and Assignment provided Midland with standing to collect on the debt even though it “did not expressly reference [Houston’s] account” since “other evidence exists in the record that suggests [her] account was sold to [Midland].” Eaves v. Unifund CCR Partners, 301 S.W.3d 402, 405 (Tex. App.—El Paso 2009, no pet.); see id. (citing Sprint Commc’ns Co. v. APCC Servs., Inc., 554 U.S. 269 (2008)) (“assignee for collection may 5 properly sue on the assigned claim”).4 As a result, we conclude that Midland had standing to collect on the debt, and we overrule Houston’s last 2026We find that the Bill of Sale and Assignment provided Midland with standing to collect on the debt even though it “did not expressly reference [Houston’s] account” since “other evidence exists in the record that suggests [her] account was sold to [Midland].” Eaves v. Unifund CCR Partners, 301 S.W.3d 402, 405 (Tex. App.—El Paso 2009, no pet.); see id. (citing Sprint Commc’ns Co. v. APCC Servs., Inc., 554 U.S. 269 (2008)) (“assignee for collection may 5 properly sue on the assigned claim”).4 As a result, we conclude that Midland had standing to collect on the debt, and we overrule Houston’s last | 2 | 2 |
In Re Coopergreen2 sentences2008Thus, the majority errs in granting mandamus relief based on its consideration of extrinsic evidence as to Hicks's alleged intent not to waive any privilege. [23] *800 Hicks and Fazio and the majority rely on In re Cooper, 47 S.W.3d 206 (Tex.App.-Beaumont 2001, orig. proceeding), a case in which the judgment debtor assigned to his judgment creditor his Stowers [24] claim against his insurers. [25] In the assignment document, the judgment debtor did not (1) agree to cooperate with the judgment creditor in investigating or prosecuting the assigned claim, (2) expressly waive any privilege, or (3) 2008Thus, the majority errs in granting mandamus relief based on its consideration of extrinsic evidence as to Hicks’s alleged intent not to waive any privilege. 23 Hicks and Fazio and the majority rely on In re Cooper, 47 S.W.3d 206 (Tex.App.-Beaumont 2001, orig. proceeding), a case in which the judgment debtor assigned to his judgment creditor his Stowers 24 claim against his insurers. 25 In the assignment document, the judgment debtor did not (1) agree to cooperate with the judgment creditor in investigating or prosecuting the assigned claim, (2) expressly waive any privilege, or (3) agree to v | 1 | 2 |
Elbaor v. Smithgreen2 sentences1996See Elbaor , 845 S.W.2d at 243 ; Sterner , 767 S.W.2d at 690 ; Mechura Farms , 875 S.W.2d at 364 . 1996See Elbaor , 845 S.W.2d at 243 ; Sterner , 767 S.W.2d at 690 ; Mechura Farms , 875 S.W.2d at 364 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kelley v. Bluff Creek Oil Co.
green
2 sentences2009See Sprint Communications Co., L.P. v. APCC Services, Inc., — U.S. -, 128 S.Ct. 2531, 2541-43 , 171 L.Ed.2d 424 (2008) (as-signee for collection may properly sue on the assigned claim); Cartwright v. MBank Corpus Christi, N.A., 865 S.W.2d 546, 549 (Tex.App.-Corpus Christi 1993, writ denied) (assignee, who pled that it was a holder of the note and entitled to sue on it, was entitled to sue to collect on the note); Schultz v. Aetna Business Credit, Inc., 540 S.W.2d 530, 532 (Tex.Civ.App.-San Antonio 1976, no writ) (instrument of assignment, which transferred to assignee of promissory note the ri 2009App.–San Antonio 1976, no writ) (instrument of assignment, which transferred to assignee of promissory note the right to collect installments and to take all proceedings as might have been taken by assignor “[a]gainst all other parties, other than the Buyer” and which stated that assignor guaranteed payment without insisting that assignee “first . . . proceed against Buyer,” gave assignee the right to sue “Buyers” who executed the note); Kelley v. Bluff Creek Oil Co., 298 S.W.2d 263 (Tex. Civ. | 3 | 2009–2009 |
Burns v. Bishop
green
2 sentences2019Id. 2019Id. | 2 | 2019–2019 |
Thompson v. State
neutral
2 sentences1932There is no merit in the position.” In Thompson v. State, 34 Texas Crim. 1932There is no merit in the position.” In Thompson v. State, 34 Tex. Cr. | 2 | 1932–1932 |
Avant v. State
green
2 sentences1932Rep., 312 , 26 S. W., 411 , Judge Davidson said: “The judgment nisi was entered against the parties severally, and this is assigned as error. 1932R. 312 , 26 S. W. 411 , Judge Davidson said: “The judgment nisi was entered against the parties severally, and this is assigned as error. | 2 | 1932–1932 |
Kelley v. Bluff Creek Oil Company
green
2 sentences2009See Sprint Communications Co., L.P. v. APCC Services, Inc., — U.S. -, 128 S.Ct. 2531, 2541-43 , 171 L.Ed.2d 424 (2008) (as-signee for collection may properly sue on the assigned claim); Cartwright v. MBank Corpus Christi, N.A., 865 S.W.2d 546, 549 (Tex.App.-Corpus Christi 1993, writ denied) (assignee, who pled that it was a holder of the note and entitled to sue on it, was entitled to sue to collect on the note); Schultz v. Aetna Business Credit, Inc., 540 S.W.2d 530, 532 (Tex.Civ.App.-San Antonio 1976, no writ) (instrument of assignment, which transferred to assignee of promissory note the ri 2009See Sprint Communications Co., L.P. v. APCC Services, Inc., — U.S. -, 128 S.Ct. 2531, 2541-43 , 171 L.Ed.2d 424 (2008) (as-signee for collection may properly sue on the assigned claim); Cartwright v. MBank Corpus Christi, N.A., 865 S.W.2d 546, 549 (Tex.App.-Corpus Christi 1993, writ denied) (assignee, who pled that it was a holder of the note and entitled to sue on it, was entitled to sue to collect on the note); Schultz v. Aetna Business Credit, Inc., 540 S.W.2d 530, 532 (Tex.Civ.App.-San Antonio 1976, no writ) (instrument of assignment, which transferred to assignee of promissory note the ri | 1 | 2009–2009 |
City of Garland v. Booth
green
1 sentence1998Suing on an assigned claim would provide one such method of retaliation.” Booth, 895 S.W.2d at 770 . | 1 | 1998–1998 |
Crosbyton Seed Co. v. Mechura Farms
green
2 sentences1996See Elbaor , 845 S.W.2d at 243 ; Sterner , 767 S.W.2d at 690 ; Mechura Farms , 875 S.W.2d at 364 . 1996See Elbaor , 845 S.W.2d at 243 ; Sterner , 767 S.W.2d at 690 ; Mechura Farms , 875 S.W.2d at 364 . | 1 | 1996–1996 |
Sterner v. Marathon Oil Co.
green
2 sentences1996See Elbaor , 845 S.W.2d at 243 ; Sterner , 767 S.W.2d at 690 ; Mechura Farms , 875 S.W.2d at 364 . 1996See Elbaor , 845 S.W.2d at 243 ; Sterner , 767 S.W.2d at 690 ; Mechura Farms , 875 S.W.2d at 364 . | 1 | 1996–1996 |
Webb v. State
green
1 sentence1977To plead guilty or not guilty; to have a jury or non-jury trial; and to take the stand or not. ‘The ideal and goal, according to Judge Burger, is to establish a system in which the assigned defense counsel will be indistinguishable from the retained defense counsel in skill, as well as manners.’ ” (Citation omitted) Landers , therefore, is consistent with our opinion in Webb v. State, 533 S.W.2d 780 (Tex.Cr.App.1970), where we reaffirmed the rule that a defendant does not have the right to be both represented by counsel and also propound his own questions to witnesses as well as make jury argu | 1 | 1977–1977 |
Milam v. Cooper Co.
green
1 sentence1973Rule 324, T.R.C.P.; Milam v. *940 Cooper Co., Inc., 258 S.W.2d 953 (Tex.Civ.App.—Waco 1953, writ ref., n. r. e.) ; First National Life Ins. | 1 | 1973–1973 |
Jacobson v. Jacobson
neutral
2 sentences1950A formal statement of facts is not essential to a reviéw of judgment on the merits, when all the facts necessary to a determination of the assigned error other wise appear in the record, e. g., by bill of exceptions, recitals of judgment, etc. Salinas v. Wright, 11 Tex. 572 ; Weslaco Independent School District v. Pittsburgh Plate Glass Co., Tex.Civ.App., 7 S.W.2d 911 ; Jacobson v. Jacobson, Tex.Civ.App., 88 S.W.2d 515 . 1950A formal statement of facts is not essential to a review of judgment on the merits, when all the facts necessary to a determination of the assigned error otherwise *755 appear in the record, e. g., by bill of exceptions, recitals of judgment, etc. Salinas v. Wright, 11 Tex. 572 ; Weslaco Independent School District v. Pittsburgh Plate Glass Co., Tex.Civ.App., 7 S.W.2d 911 ; Jacobson v. Jacobson, Tex.Civ.App., 88 S.W.2d 515 . | 1 | 1950–1950 |
Salinas v. Wright
green
2 sentences1950A formal statement of facts is not essential to a reviéw of judgment on the merits, when all the facts necessary to a determination of the assigned error other wise appear in the record, e. g., by bill of exceptions, recitals of judgment, etc. Salinas v. Wright, 11 Tex. 572 ; Weslaco Independent School District v. Pittsburgh Plate Glass Co., Tex.Civ.App., 7 S.W.2d 911 ; Jacobson v. Jacobson, Tex.Civ.App., 88 S.W.2d 515 . 1950A formal statement of facts is not essential to a review of judgment on the merits, when all the facts necessary to a determination of the assigned error otherwise *755 appear in the record, e. g., by bill of exceptions, recitals of judgment, etc. Salinas v. Wright, 11 Tex. 572 ; Weslaco Independent School District v. Pittsburgh Plate Glass Co., Tex.Civ.App., 7 S.W.2d 911 ; Jacobson v. Jacobson, Tex.Civ.App., 88 S.W.2d 515 . | 1 | 1950–1950 |
Weslaco Independent School Dist. v. Pittsburgh Plate Glass Co.
neutral
2 sentences1950A formal statement of facts is not essential to a reviéw of judgment on the merits, when all the facts necessary to a determination of the assigned error other wise appear in the record, e. g., by bill of exceptions, recitals of judgment, etc. Salinas v. Wright, 11 Tex. 572 ; Weslaco Independent School District v. Pittsburgh Plate Glass Co., Tex.Civ.App., 7 S.W.2d 911 ; Jacobson v. Jacobson, Tex.Civ.App., 88 S.W.2d 515 . 1950A formal statement of facts is not essential to a review of judgment on the merits, when all the facts necessary to a determination of the assigned error otherwise *755 appear in the record, e. g., by bill of exceptions, recitals of judgment, etc. Salinas v. Wright, 11 Tex. 572 ; Weslaco Independent School District v. Pittsburgh Plate Glass Co., Tex.Civ.App., 7 S.W.2d 911 ; Jacobson v. Jacobson, Tex.Civ.App., 88 S.W.2d 515 . | 1 | 1950–1950 |
Dickey's Estate v. Houston Independent School Dist.
green
2 sentences1950Says the Court in Dickey’s Estate v. Houston Independent School District, Tex.Civ.App., 300 S.W. 250 , 252: “It is insisted in the motion that in the absence of a statement of facts this court should not have undertaken to determine as it did that specified rulings of the trial court were erroneous, nor, if erroneous, that the errors operated to prejudice rights of appellant. 1950Says the Court in Dickey's Estate v. Houston Independent School District, Tex.Civ.App., 300 S.W. 250 , 252: "It is insisted in the motion that in the absence of a statement of facts this court should not have undertaken to determine as it did that specified rulings of the trial court were erroneous, nor, if erroneous, that the errors operated to prejudice rights of appellant. | 1 | 1950–1950 |
Cogdell v. Martin
neutral
1 sentence1948We overrule the assigned error under authority of West Texas Utility Co. v. Haynes, Tex.Civ.App., 20 S.W.2d 236 ; Cogdell v. Martin, Tex.Civ.App., 176 S.W.2d 982 ; Moore v. Moore, Tex.Civ.App., 177 S.W.Zd 998; Waters v. Yockey, Tex.Civ.App., 193 S.W.2d 575 . | 1 | 1948–1948 |
Waters v. Yockey
green
1 sentence1948We overrule the assigned error under authority of West Texas Utility Co. v. Haynes, Tex.Civ.App., 20 S.W.2d 236 ; Cogdell v. Martin, Tex.Civ.App., 176 S.W.2d 982 ; Moore v. Moore, Tex.Civ.App., 177 S.W.Zd 998; Waters v. Yockey, Tex.Civ.App., 193 S.W.2d 575 . | 1 | 1948–1948 |
West Texas Utilities Co. v. Haynes
neutral
1 sentence1948We overrule the assigned error under authority of West Texas Utility Co. v. Haynes, Tex.Civ.App., 20 S.W.2d 236 ; Cogdell v. Martin, Tex.Civ.App., 176 S.W.2d 982 ; Moore v. Moore, Tex.Civ.App., 177 S.W.Zd 998; Waters v. Yockey, Tex.Civ.App., 193 S.W.2d 575 . | 1 | 1948–1948 |
Redman v. Cooper
neutral
2 sentences1944Redman v. Cooper, Tex.Civ.App., 160 S.W.2d 318 . 1944Redman v. Cooper, Tex.Civ.App., 160 S.W.2d 318 . | 1 | 1944–1944 |
Stillman v. Hirsch
green
2 sentences1940Under the holding in Stillman v. Kirsch, 128 Tex. 359 , 99 S.W.2d 270 , and Central Power & Light Co. v. Heder, Tex.Civ.App., 133 S.W.2d 795 , this record will be reviewed for fundamental error, which will include the refusal of the court to instruct a verdict for the Corporation and, incidentally, the abstract statements of law presented in these propositions. 1940Under the holding in Stillman v. Kirsch, 128 Tex. 359 , 99 S.W.2d 270 , and Central Power & Light Co. v. Heder, Tex.Civ.App., 133 S.W.2d 795 , this record will be reviewed for fundamental error, which will include the refusal of the court to instruct a verdict for the Corporation and, incidentally, the abstract statements of law presented in these propositions. | 1 | 1940–1940 |
Central Power & Light Co. v. Heder
neutral
1 sentence1940Under the holding in Stillman v. Kirsch, 128 Tex. 359 , 99 S.W.2d 270 , and Central Power & Light Co. v. Heder, Tex.Civ.App., 133 S.W.2d 795 , this record will be reviewed for fundamental error, which will include the refusal of the court to instruct a verdict for the Corporation and, incidentally, the abstract statements of law presented in these propositions. | 1 | 1940–1940 |
Traders & General Ins. Co. v. Blancett
neutral
1 sentence1936We had tliis identical question before us in the recent case of *377 Traders & General Insurance Co. v. Blancett, 96 S.W.(2d) 420, 425 , in which case an application for writ of error is pending-in the Supreme Court. | 1 | 1936–1936 |
Wichita Falls & S. Ry. Co. v. Hamilton
neutral
1 sentence1933Co. v. Hamilton (Tex.Civ.App.) 37 S.W.2d 755 , is cited in support of the assignment. | 1 | 1933–1933 |
County of Harris v. Campbell
green
1 sentence1932Before leaving this subject, it may be well to notice the case of Harris County v. Campbell, 68 Tex. 22 , 8 S. W. 243 , 2 Am. | 1 | 1932–1932 |
Morgan v. Maunders
green
1 sentence1932The first is presented by the following bill of exception, which was duly approved by the court, omitting formal parts, to wit: "Be it remembered that upon the trial of the above entitled and numbered cause on the 9th day of March, 1931, while the plaintiff Floyd Clark was testifying as a witness in his own behalf on redirect examination, and after he had testified that on the 12th day of January, 1928, while looking for a room in Jacksboro, Texas, he was injured in an automobile accident, and had also testified that he had been at work for the Company near Palo Pinto, Texas, on January 11th, | 1 | 1932–1932 |
| J. N. Mitchell & Co. v. Bloom, Cohn & Co. green | 1 | 1927–1927 |
| Day v. Stone green | 1 | 1926–1926 |
| P. J. Willis & Bro. v. Lowry neutral | 1 | 1926–1926 |
| Moore v. Moore neutral | 1 | 1926–1926 |
| Braxton v. Voyles neutral | 1 | 1922–1922 |
| White v. Provident National Bank neutral | 1 | 1922–1922 |
| Houston v. Blythe green | 1 | 1921–1921 |
| Armendaiz v. Stillman neutral | 1 | 1901–1901 |
| McCamant v. Batsell green | 1 | 1892–1892 |
| Satterwhite v. Rosser green | 1 | 1890–1890 |
| Mitchell v. Runkle green | 1 | 1889–1889 |
| Heard v. Lockett neutral | 1 | 1885–1885 |
| McFadin v. MacGreal neutral | 1 | 1885–1885 |
| Johnson v. Blount neutral | 1 | 1883–1883 |
| Kay v. State neutral | 1 | 1879–1879 |
| Varas v. State neutral | 1 | 1879–1879 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.