rule is not without exception (Texas) · Go Syfert
← Texas issues

rule is not without exception in Texas

19 Texas opinions name it 2 courts 1938–2015 0 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 (5)

CaseFollowedCited
Anderson v. City of Seven Pointsgreen
tex · 1991 · cited in 6 Texas opinions naming this issue, 2001–2014
2 sentences

2014“However, this rule is not without exception—a writ of mandamus may issue in a proper case to correct a clear abuse of discretion by a public official.” Id.

2013Anderson v. City of Seven Points, 806 S.W.2d 791, 793 (Tex.1991) (citations omitted).

36
Dykes v. City of Houstongreen
tex · 1966 · cited in 2 Texas opinions naming this issue, 1991–2014
2 sentences

2014“This is especially so where there is no adequate remedy at law.” Dykes v. City of Houston, 406 S.W.2d 176, 183 (Tex. 1966).

1991Womack v. Berry, 291 S.W.2d at 682 ; Dykes v. City of Houston, 406 S.W.2d 176, 183 (Tex.1966).

22
Gevinson v. Manhattan Construction Co. of Oklahomagreen
tex · 1969 · cited in 2 Texas opinions naming this issue, 1976–1976
2 sentences

1976Gevinson v. Manhattan Construction Co. of Okla., 449 S.W.2d 458 (Tex.1969), Broussard v. Moon, 431 S.W.2d 534 (Tex.1968), Moss v. Hipp, 387 S.W.2d 656 (Tex.1965).

1976There is an added reason for recognizing the exception when the opposite party had the means and opportunity of disproving the testimony, if it were not true, and failed to do so.” Gevinson v. Manhattan Construction Company of Oklahoma, 449 S.W.2d 458 at 467 (Tex.Sup.1969).

12
Jefferson v. Stategreen
texcrimapp · 1988 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997While the general rule is that an “unconstitutional statute is void from its inception and cannot provide a basis for any right or relief,” Jefferson v. State, 751 S.W.2d 502, 502-03 (Tex.Crim.App.1988), the rule is not without exception.

11
Lapasnick v. Stategreen
texcrimapp · 1990 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997Lapasnick v. State, 784 S.W.2d 366, 368 (Tex.Crim.App.1990).

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 (11)

CaseCitedYears
Strobel v. Thurman green
tex · 1978
2 sentences

2004Strobel , 565 S.W. 2d at 239 (citing predecessor Family Code section 14.10(c)).

2004Strobel, 565 S.W. 2d at 239 (citing predecessor Family Code section 14.10(c)).

32004–2004
Womack v. Berry green
tex · 1956
2 sentences

2015Womack v. Berry, of Seven Points was less than 400 and that a petition signed 291 S.W.2d at 682 ; Dykes v. City of Houston, 406 S.W.2d by at least two-thirds of the qualified voters was submitted 176, 183 (Tex.1966).

1991Womack v. Berry, 291 S.W.2d at 682 ; Dykes v. City of Houston, 406 S.W.2d 176, 183 (Tex.1966).

21991–2015
Cayan v. Cayan green
texapp · 2001
1 sentence

2002Id. at 166 n. 8.

12002–2002
Moss v. Hipp green
tex · 1965
1 sentence

1976Gevinson v. Manhattan Construction Co. of Okla., 449 S.W.2d 458 (Tex.1969), Broussard v. Moon, 431 S.W.2d 534 (Tex.1968), Moss v. Hipp, 387 S.W.2d 656 (Tex.1965).

11976–1976
Broussard v. Moon green
tex · 1968
1 sentence

1976Gevinson v. Manhattan Construction Co. of Okla., 449 S.W.2d 458 (Tex.1969), Broussard v. Moon, 431 S.W.2d 534 (Tex.1968), Moss v. Hipp, 387 S.W.2d 656 (Tex.1965).

11976–1976
Gulf, C. & S. F. Ry. Co. v. Ballew green
texcommnapp · 1933
1 sentence

1964Co. v. Ballew (Tex.Com.App.), 66 S.W.2d 659 , 661: “ * * * When the new cause or agency concurs with the continuing and co-operating original negligence in working the injury, the original negligence remains a proximate cause of the injury, and the fact that the new *888 concurring cause or agency may not in such case have been reasonably foreseeable should not relieve the wrongdoer of liability.

11964–1964
McGuire v. City of Dallas green
texcommnapp · 1943
1 sentence

1957The case of McGuire v. City of Dallas, 141 Texas 170 , 170 S.W. 2d 722,728 , states an exception that: “* * * Where the testimony of an interested witness is uncontradicted, is clear and positive, and there are no circumstances in evidence tending to discredit or impeach such testimony, conclusive effect may be given thereto.

11957–1957
McGuire v. City of Dallas green
tex · 1943
1 sentence

1957The case of McGuire v. City of Dallas, 141 Texas 170 , 170 S.W. 2d 722,728 , states an exception that: “* * * Where the testimony of an interested witness is uncontradicted, is clear and positive, and there are no circumstances in evidence tending to discredit or impeach such testimony, conclusive effect may be given thereto.

11957–1957
Trinity Gravel Co. v. Cranke green
texcommnapp · 1926
1 sentence

1956Where the testimony of an interested witness is uncontradicted, is clear and positive, and there are no circumstances in evidence tending to discredit or impeach such testimony, conclusive effect may be given thereto. *941 Trinity Gravel Co. v. Cranke, Tex. Com.App., 282 S.W. 798 , loc. cit. 801.

11956–1956
Board of Education of the Kentucky Annual Conference of the Methodist Episcopal Church v. Illinois green
· 1906
2 sentences

1938Regardless of that case, however, the Supreme Court of the United States in Board of Education v. Illinois, 203 U.S. 553 , 27 S.Ct. 171, 173 , 51 L.Ed. 314 , 8 Ann.Cas. 157, affirmed the holding of the Supreme Court of Illinois grounded on the proposition that the State had the power in levying such tax to grant exemptions to such domestic corporations, over which it had control, without granting same to foreign corporations over which it had no control, and that in doing so there was a reasonable classification for purposes of taxation, and not a discrimination within the meaning of the Feder

1938Regardless of that case, however, the Supreme Court of the United States in Board of Education v. Illinois, 203 U.S. 553 , 27 S.Ct. 171, 173 , 51 L.Ed. 314 , 8 Ann.Cas. 157, affirmed the holding of the Supreme Court of Illinois grounded on the proposition that the State had the power in levying such tax to grant exemptions to such domestic corporations, over which it had control, without granting same to foreign corporations over which it had no control, and that in doing so there was a reasonable classification for purposes of taxation, and not a discrimination within the meaning of the Feder

11938–1938
Smith v. Loughman green
ny · 1927
2 sentences

1938This rule is not without exception, and appellant cites us particularly to the case of Smith v. Loughman, 245 N.Y. 486 , 157 N.E. 753 .

1938This rule is not without exception, and appellant cites us particularly to the case of Smith v. Loughman, 245 N.Y. 486 , 157 N.E. 753 .

11938–1938

Statutes the citing opinions construe

TX § Tex. Fam. Code § 157.371 (3) TX § Tex. Fam. Code § 157.374 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 19 (1938–2015) CA 9 (1919–2007) LA 5 (1941–1988) VA 5 (1997–2012) NC 4 (1880–2022) NY 4 (1975–1993) PA 4 (1974–2020) IL 4 (2001–2008) GA 4 (1962–1995) VT 3 (2006–2020) MI 3 (1973–1987) IN 2 (1972–1993) MS 2 (2004–2006) ME 2 (1967–1969) MO 2 (1911–1996)

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.

← Caselaw search · G Cite Topics · Brief Check