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17 Texas opinions name it 1 courts 1918–2025 2 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 |
|---|---|---|
Brewer v. Dowlinggreen2 sentences2025Power Corp., Inc. , 918 S.W.2d 639, 643 (Tex. App.—Waco 1996, writ denied) (failure to produce evidence within a party’s control raises the presumption that if produced it would operate against him, and every intendment will be in favor of the opposite party); Brewer v. Dowling , 862 S.W.2d 156, 159 (Tex. App.—Fort Worth 1993, writ denied); H. 2025Power Corp., Inc. , 918 S.W.2d 639, 643 (Tex. App.—Waco 1996, writ denied) (failure to produce evidence within a party’s control raises the presumption that if produced it would operate against him, and every intendment will be in favor of the opposite party); Brewer v. Dowling , 862 S.W.2d 156, 159 (Tex. App.—Fort Worth 1993, writ denied); H. | 7 | 7 |
H. E. Butt Grocery Co. v. Brunergreen2 sentences2022Id. at 343 (“Failure to produce evidence within a party’s control raises the presumption that if produced it would operate against him, and every intendment will be in favor of the opposite party.”). 1996Butt Grocery Co. v. Bruner, 530 S.W.2d 340, 343 (Tex.Civ.App—Waco 1975, writ dism’d). | 2 | 2 |
Watson v. Brazos Electric Power Cooperative, Inc.green2 sentences2025Power Corp., Inc. , 918 S.W.2d 639, 643 (Tex. App.—Waco 1996, writ denied) (failure to produce evidence within a party’s control raises the presumption that if produced it would operate against him, and every intendment will be in favor of the opposite party); Brewer v. Dowling , 862 S.W.2d 156, 159 (Tex. App.—Fort Worth 1993, writ denied); H. 2025Power Corp., Inc. , 918 S.W.2d 639, 643 (Tex. App.—Waco 1996, writ denied) (failure to produce evidence within a party’s control raises the presumption that if produced it would operate against him, and every intendment will be in favor of the opposite party); Brewer v. Dowling , 862 S.W.2d 156, 159 (Tex. App.—Fort Worth 1993, writ denied); H. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Thompson v. Shannon
green
2 sentences1932Bailey v. Hicks, 16 Tex. 222 ; Thompson v. Shannon, 9 Tex. 536 . 1931Bailey v. Hicks, 16 Tex. 222 ; Thompson v. Shamion, 9 Tex. 536 , “Usually the force of evidence, though slight, is greatly increased by the failure of the opposite party to rebut it, where it is obvious that the means to do so are readily accessible to the party. | 5 | 1918–1932 |
Bailey v. Hicks
neutral
2 sentences1932Bailey v. Hicks, 16 Tex. 222 ; Thompson v. Shannon, 9 Tex. 536 . 1931Bailey v. Hicks, 16 Tex. 222 ; Thompson v. Shamion, 9 Tex. 536 , “Usually the force of evidence, though slight, is greatly increased by the failure of the opposite party to rebut it, where it is obvious that the means to do so are readily accessible to the party. | 5 | 1918–1932 |
Green v. Scales
neutral
2 sentences1946Green v. Scales, Tex.Civ.App., 219 S.W. 274, 276 ; 22 C.J. 121, 122, § 7.’ “In the Green case ( 219 S.W. 276 ) the Court held in part: ‘Moreover, with reference to many of the questions raised as to the sufficiency of the evidence to sustain the judgment upon peremptory instruction, it may be said that the failure to produce evidence within a party’s control raises the presumption that if produced it would operate against him, and every intendment will be in favor of the opposite party.’ “The rule is stated in 17 Tex.Jur. page 306, par. 87 as follows: ‘Usually the force of evidence, though sli 1943Green v. Scales, Tex.Civ.App., 219 S.W. 274, 276 ; 22 C.J. 121, 122, § 7.” In the Green case [ 219 S.W. 276 ] the Court held in part: “Moreover, with reference to many of the questions raised as to the sufficiency of the evidence to sustain the judgment upon preemptory instruction, it may be said that the failure to produce evidence within a party’s control raises the presumption that if produced it would operate against him, and every in-tendment will be in favor of the opposite party.” The rule is stated in 17 Tex.Jur. page 306, par. 87 as follows: “Usually the force of evidence, though slig | 2 | 1943–1946 |
Crist v. Morgan
neutral
2 sentences1946Green v. Scales, Tex.Civ.App., 219 S.W. 274, 276 ; 22 C.J. 121, 122, § 7.’ “In the Green case ( 219 S.W. 276 ) the Court held in part: ‘Moreover, with reference to many of the questions raised as to the sufficiency of the evidence to sustain the judgment upon peremptory instruction, it may be said that the failure to produce evidence within a party’s control raises the presumption that if produced it would operate against him, and every intendment will be in favor of the opposite party.’ “The rule is stated in 17 Tex.Jur. page 306, par. 87 as follows: ‘Usually the force of evidence, though sli 1943Green v. Scales, Tex.Civ.App., 219 S.W. 274, 276 ; 22 C.J. 121, 122, § 7.” In the Green case [ 219 S.W. 276 ] the Court held in part: “Moreover, with reference to many of the questions raised as to the sufficiency of the evidence to sustain the judgment upon preemptory instruction, it may be said that the failure to produce evidence within a party’s control raises the presumption that if produced it would operate against him, and every in-tendment will be in favor of the opposite party.” The rule is stated in 17 Tex.Jur. page 306, par. 87 as follows: “Usually the force of evidence, though slig | 2 | 1943–1946 |
Farmers' Guaranty State Bank of Jacksonville v. Burrus Mill & Elevator Co.
green
2 sentences1931App.) 207 S. W. 400 : “ ‘The failure to produce evidence within a party’s control raises the presumption that, if produced, it would operate against him; and every intendment will be in favor of the opposite party.’ ” In Railway Co. v. Blair (Tex. Civ. 1925App.) 207 S. W. 400 : “The failure to produce evidence within a party’s control raises the presumption that, if produced, it would operate against him; and every intendment will be in favor of the opposite party.” The evidence was amply sufficient to sustain the findings of the jury. | 2 | 1925–1931 |
Walker v. State
neutral
1 sentence1946Green v. Scales, Tex.Civ.App., 219 S.W. 274, 276 ; 22 C.J. 121, 122, § 7.’ “In the Green case ( 219 S.W. 276 ) the Court held in part: ‘Moreover, with reference to many of the questions raised as to the sufficiency of the evidence to sustain the judgment upon peremptory instruction, it may be said that the failure to produce evidence within a party’s control raises the presumption that if produced it would operate against him, and every intendment will be in favor of the opposite party.’ “The rule is stated in 17 Tex.Jur. page 306, par. 87 as follows: ‘Usually the force of evidence, though sli | 1 | 1946–1946 |
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.