assigned error (Texas) · Go Syfert
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assigned error in Texas

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.

Followed or applied (6)

CaseFollowedCited
Sprint Communications Co. v. APCC Services, Inc.green
scotus · 2008 · cited in 4 Texas opinions naming this issue, 2009–2026
2 sentences

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

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

44
Schultz v. Aetna Business Credit, Inc.green
texapp · 1976 · cited in 3 Texas opinions naming this issue, 2009–2009
2 sentences

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

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.

33
Cartwright v. MBank Corpus Christi, N.A.green
texapp · 1993 · cited in 3 Texas opinions naming this issue, 2009–2009
2 sentences

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

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.

33
Eaves v. Unifund CCR Partnersgreen
texapp · 2009 · cited in 2 Texas opinions naming this issue, 2010–2026
2 sentences

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

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

22
In Re Coopergreen
texapp · 2001 · cited in 2 Texas opinions naming this issue, 2008–2008
2 sentences

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] *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

12
Elbaor v. Smithgreen
tex · 1993 · cited in 1 Texas opinions naming this issue, 1996–1996
2 sentences

1996See 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 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (43)

CaseCitedYears
Kelley v. Bluff Creek Oil Co. green
texapp · 1956
2 sentences

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

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.

32009–2009
Burns v. Bishop green
texapp · 2001
2 sentences

2019Id.

2019Id.

22019–2019
Thompson v. State neutral
texcrimapp · 1895
2 sentences

1932There 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.

21932–1932
Avant v. State green
texcrimapp · 1894
2 sentences

1932Rep., 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.

21932–1932
Kelley v. Bluff Creek Oil Company green
tex · 1958
2 sentences

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

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

12009–2009
City of Garland v. Booth green
texapp · 1995
1 sentence

1998Suing on an assigned claim would provide one such method of retaliation.” Booth, 895 S.W.2d at 770 .

11998–1998
Crosbyton Seed Co. v. Mechura Farms green
texapp · 1994
2 sentences

1996See 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 .

11996–1996
Sterner v. Marathon Oil Co. green
tex · 1989
2 sentences

1996See 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 .

11996–1996
Webb v. State green
texcrimapp · 1976
1 sentence

1977To 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

11977–1977
Milam v. Cooper Co. green
texapp · 1953
1 sentence

1973Rule 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.

11973–1973
Jacobson v. Jacobson neutral
texapp · 1935
2 sentences

1950A 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 .

11950–1950
Salinas v. Wright green
· 1854
2 sentences

1950A 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 .

11950–1950
Weslaco Independent School Dist. v. Pittsburgh Plate Glass Co. neutral
texapp · 1928
2 sentences

1950A 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 .

11950–1950
Dickey's Estate v. Houston Independent School Dist. green
· 1927
2 sentences

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.

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.

11950–1950
Cogdell v. Martin neutral
texapp · 1943
1 sentence

1948We 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 .

11948–1948
Waters v. Yockey green
texapp · 1945
1 sentence

1948We 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 .

11948–1948
West Texas Utilities Co. v. Haynes neutral
texapp · 1929
1 sentence

1948We 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 .

11948–1948
Redman v. Cooper neutral
texapp · 1942
2 sentences

1944Redman v. Cooper, Tex.Civ.App., 160 S.W.2d 318 .

1944Redman v. Cooper, Tex.Civ.App., 160 S.W.2d 318 .

11944–1944
Stillman v. Hirsch green
tex · 1936
2 sentences

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.

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.

11940–1940
Central Power & Light Co. v. Heder neutral
texapp · 1939
1 sentence

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.

11940–1940
Traders & General Ins. Co. v. Blancett neutral
texapp · 1936
1 sentence

1936We 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.

11936–1936
Wichita Falls & S. Ry. Co. v. Hamilton neutral
texapp · 1931
1 sentence

1933Co. v. Hamilton (Tex.Civ.App.) 37 S.W.2d 755 , is cited in support of the assignment.

11933–1933
County of Harris v. Campbell green
tex · 1887
1 sentence

1932Before 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.

11932–1932
Morgan v. Maunders green
texapp · 1930
1 sentence

1932The 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,

11932–1932
J. N. Mitchell & Co. v. Bloom, Cohn & Co. green
tex · 1898
11927–1927
Day v. Stone green
tex · 1883
11926–1926
P. J. Willis & Bro. v. Lowry neutral
tex · 1886
11926–1926
Moore v. Moore neutral
· 1889
11926–1926
Braxton v. Voyles neutral
texapp · 1916
11922–1922
White v. Provident National Bank neutral
texapp · 1901
11922–1922
Houston v. Blythe green
· 1883
11921–1921
Armendaiz v. Stillman neutral
tex · 1887
11901–1901
McCamant v. Batsell green
tex · 1883
11892–1892
Satterwhite v. Rosser green
· 1884
11890–1890
Mitchell v. Runkle green
tex · 1860
11889–1889
Heard v. Lockett neutral
tex · 1857
11885–1885
McFadin v. MacGreal neutral
tex · 1860
11885–1885
Johnson v. Blount neutral
· 1877
11883–1883
Kay v. State neutral
tex · 1874
11879–1879
Varas v. State neutral
tex · 1874
11879–1879

Where else courts name it

OH 416 (1908–2026) LA 149 (1978–2026) NE 112 (1881–2026) IA 53 (1864–1986) WA 52 (1896–2026) MS 48 (1844–2018) IN 43 (1865–2006) OR 40 (1876–2025) CA 37 (1863–2016) TX 34 (1879–2026) MO 34 (1866–2005) IL 32 (1886–2014) VA 29 (1908–2026) OK 29 (1908–2026) PA 24 (1867–2016) NY 24 (1883–2025) GA 21 (1881–1997) AL 20 (1852–1975) FL 19 (1939–2025) MN 16 (1886–1983) MI 16 (1878–2025) NC 14 (1886–2018) CO 14 (1901–2013) WV 14 (1920–2023) NV 11 (1959–2020) CT 10 (1891–2024) TN 10 (1925–2025) AZ 8 (1918–2019) ID 6 (1867–1954) NJ 6 (1993–2021) MT 5 (1923–1995) WY 5 (1892–1975) KS 5 (1895–1989) SD 5 (1894–1983) WI 5 (1901–2021) UT 4 (1911–2017) AR 4 (1931–1983) SC 4 (1909–2021) HI 3 (1976–2013) DC 3 (1944–1997) NM 3 (1936–2023) ND 3 (1907–1962) ME 3 (1975–2015) AK 3 (1999–2025) KY 3 (1908–2010) VT 2 (1925–2025)

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.

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