residence requirement (Texas) · Go Syfert
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residence requirement in Texas

17 Texas opinions name it 3 courts 1972–2021 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 (16)

CaseFollowedCited
Gonzalez v. Gonzalezgreen
texapp · 1972 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Horne v. Harwell, 533 S.W.2d 450, 451-52 (Tex.Civ.App.--Austin 1976, writ ref'd n.r.e.) (issue waived where no special exception taken to appellee's failure to plead that the circumstances of the child had materially or substantially changed); Gonzalez v. Gonzalez, 484 S.W.2d 611, 612-13 (Tex.Civ.App.--El Paso 1972, no writ) (issue waived where no special exception or objection made to appellee's failure to plead the residence requirement in her divorce action).

2011See Horne v. Harwell, 533 S.W.2d 450, 451-52 (Tex.Civ.App.--Austin 1976, writ ref'd n.r.e.) (issue waived where no special exception taken to appellee's failure to plead that the circumstances of the child had materially or substantially changed); Gonzalez v. Gonzalez, 484 S.W.2d 611, 612-13 (Tex.Civ.App.--El Paso 1972, no writ) (issue waived where no special exception or objection made to appellee's failure to plead the residence requirement in her divorce action).

22
Horne v. Harwellgreen
texapp · 1976 · cited in 2 Texas opinions naming this issue, 2011–2011
2 sentences

2011See Horne v. Harwell, 533 S.W.2d 450, 451-52 (Tex.Civ.App.--Austin 1976, writ ref'd n.r.e.) (issue waived where no special exception taken to appellee's failure to plead that the circumstances of the child had materially or substantially changed); Gonzalez v. Gonzalez, 484 S.W.2d 611, 612-13 (Tex.Civ.App.--El Paso 1972, no writ) (issue waived where no special exception or objection made to appellee's failure to plead the residence requirement in her divorce action).

2011See Horne v. Harwell, 533 S.W.2d 450, 451-52 (Tex.Civ.App.--Austin 1976, writ ref'd n.r.e.) (issue waived where no special exception taken to appellee's failure to plead that the circumstances of the child had materially or substantially changed); Gonzalez v. Gonzalez, 484 S.W.2d 611, 612-13 (Tex.Civ.App.--El Paso 1972, no writ) (issue waived where no special exception or objection made to appellee's failure to plead the residence requirement in her divorce action).

22
Fuller v. Stategreen
texcrimapp · 2002 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003See Fuller v. State, 73 S.W.3d 250, 252 (Tex.Cr.App.2002) (federal constitutional law measures evidentiary sufficiency against the “elements of the criminal offense as defined by state law”) and at 254 (state law measures evidentiary sufficiency against an “authorized by the indictment ... hypothetically correct jury charge” which “encompasses [the] statutory elements of the offense as modified by the charging instrument”); Gollihar v. State, 46 S.W.3d 243, 254 (Tex.Cr.App.2001); Malik v. State, 953 S.W.2d 234, 236-40 (Tex.Cr.App.1997).

2003See Fuller v. State , 73 S.W.3d 250, 252 (Tex.Cr.App. 2002) (federal constitutional law measures evidentiary sufficiency against the "elements of the criminal offense as defined by state law") and at 254 (state law measures evidentiary sufficiency against an "authorized by the indictment ... hypothetically correct jury charge" which "encompasses [the] statutory elements of the offense as modified by the charging instrument"); Gollihar v. State , 46 S.W.3d 243, 254 (Tex.Cr.App. 2001); Malik v. State , 953 S.W.2d 234, 236-40 (Tex.Cr.App. 1997).

22
Malik v. Stategreen
texcrimapp · 1997 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003See Fuller v. State, 73 S.W.3d 250, 252 (Tex.Cr.App.2002) (federal constitutional law measures evidentiary sufficiency against the “elements of the criminal offense as defined by state law”) and at 254 (state law measures evidentiary sufficiency against an “authorized by the indictment ... hypothetically correct jury charge” which “encompasses [the] statutory elements of the offense as modified by the charging instrument”); Gollihar v. State, 46 S.W.3d 243, 254 (Tex.Cr.App.2001); Malik v. State, 953 S.W.2d 234, 236-40 (Tex.Cr.App.1997).

2003See Fuller v. State , 73 S.W.3d 250, 252 (Tex.Cr.App. 2002) (federal constitutional law measures evidentiary sufficiency against the "elements of the criminal offense as defined by state law") and at 254 (state law measures evidentiary sufficiency against an "authorized by the indictment ... hypothetically correct jury charge" which "encompasses [the] statutory elements of the offense as modified by the charging instrument"); Gollihar v. State , 46 S.W.3d 243, 254 (Tex.Cr.App. 2001); Malik v. State , 953 S.W.2d 234, 236-40 (Tex.Cr.App. 1997).

22
Gollihar v. Stategreen
texcrimapp · 2001 · cited in 2 Texas opinions naming this issue, 2003–2003
2 sentences

2003See Fuller v. State, 73 S.W.3d 250, 252 (Tex.Cr.App.2002) (federal constitutional law measures evidentiary sufficiency against the “elements of the criminal offense as defined by state law”) and at 254 (state law measures evidentiary sufficiency against an “authorized by the indictment ... hypothetically correct jury charge” which “encompasses [the] statutory elements of the offense as modified by the charging instrument”); Gollihar v. State, 46 S.W.3d 243, 254 (Tex.Cr.App.2001); Malik v. State, 953 S.W.2d 234, 236-40 (Tex.Cr.App.1997).

2003See Fuller v. State , 73 S.W.3d 250, 252 (Tex.Cr.App. 2002) (federal constitutional law measures evidentiary sufficiency against the "elements of the criminal offense as defined by state law") and at 254 (state law measures evidentiary sufficiency against an "authorized by the indictment ... hypothetically correct jury charge" which "encompasses [the] statutory elements of the offense as modified by the charging instrument"); Gollihar v. State , 46 S.W.3d 243, 254 (Tex.Cr.App. 2001); Malik v. State , 953 S.W.2d 234, 236-40 (Tex.Cr.App. 1997).

22
State of Texas v. Betts, Tonygreen
texcrimapp · 2013 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021“Although we defer to the trial court’s factual findings and view them in the light most favorable to the prevailing party, we review the legal issue of standing de novo.” State v. Betts, 397 S.W.3d 198, 204 (Tex. Crim.

11
Johnson v. Fankellgreen
scotus · 1997 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Fankell, 520 U.S. at 920 , 117 S. Ct. at 1805–06 (distinguishing Felder on a similar basis). 18 example based on the defendant’s residence when the claim accrued, if the defendant is a natural person, or based on the defendant’s principal office in Texas, if the defendant is not a natural person.

2015See Fankell, 520 U.S. at 920 , 117 S. Ct. at 1805–06 (distinguishing Felder on a similar basis). 18 example based on the defendant’s residence when the claim accrued, if the defendant is a natural person, or based on the defendant’s principal office in Texas, if the defendant is not a natural person.

11
In re Greengreen
texapp · 2012 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015In Re Green, 385 S.W. 3d 665, 671 (Tex. App. San Antonio 2012), the San Antonio Court of Appeals found the Petitioner failure to satisfy the residence requirement was appropriate for mandamus relief.

11
Knepper v. Rite Aid Corp.green
ca3 · 2012 · cited in 1 Texas opinions naming this issue, 2015–2015
2 sentences

2015See id. §§ 15.002, 15.003(a) (West, Westlaw through 2013 3d C.S.).

2015See 675 F.3d 249 , 253–57 (3d Cir. 2012). 16 example based on the defendant’s residence when the claim accrued, if the defendant is a natural person, or based on the defendant’s principal office in Texas, if the defendant is not a natural person.

11
In Re Sanchezgreen
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2009–2009
1 sentence

2009See In re Sanchez, 1 S.W.3d 912, 915 (Tex.App.-Waco 1999, orig. proceeding) (“[A] motion to transfer [under section 155.204] does not have to be verified nor must it be supported by an affidavit.”). 5 The Children’s Residence At the hearing on the motion to transfer, relator, James Nabors, testified that TDFPS placed the children with him and his wife on May 16, 2006, and the children resided with them in Fort Bend County for seventeen months.

11
Leroy Symm, Tax Assessor-Collector of Waller County, Texas v. United Statesgreen
scotus · 1979 · cited in 1 Texas opinions naming this issue, 2004–2004
1 sentence

2004See id. 7 4.

11
Aucutt v. Aucuttgreen
texcommnapp · 1933 · cited in 1 Texas opinions naming this issue, 1981–1981
1 sentence

1981The court held that, although the residence requirement was not jurisdictional but rather pertained to qualification to maintain suit, citing Aucutt v. Aucutt, 122 Tex. 518 , 62 S.W.2d 77, 79 (1933), neither divorce nor any other relief could be granted until the qualifications for maintaining the main action were met.

11
Schrock v. Hyltongreen
texapp · 1939 · cited in 1 Texas opinions naming this issue, 1980–1980
1 sentence

1980Appellant also relies on Schrock v. Hylton, 133 S.W.2d 175, 180 (Tex.Civ.App.-Dallas 1939, no writ), in which this court held that the six-months’ residence requirement of former article 2927 was not applicable to an election controlled by the special statute governing fresh water supply districts.

11
Luna v. Blantongreen
tex · 1972 · cited in 1 Texas opinions naming this issue, 1980–1980
1 sentence

1980Appellant relies on Luna v. Blanton, 478 S.W.2d 76, 79 (Tex.1972) as supporting his contention that article 2783d prescribes qualifications in conflict with the six-months’ residence requirement of the Election Code.

11
Garcia v. Carpentergreen
tex · 1975 · cited in 1 Texas opinions naming this issue, 1978–1978
1 sentence

1978Likewise, in Garcia v. Carpenter, 525 S.W.2d 160, 161 (Tex.1975), the supreme court held that a candidate for mayor could not be kept off the ballot on the ground that he had given testimony in a previous case indicating that he had not satisfied the residence requirement of the Code.

11
Long v. Longgreen
texapp · 1963 · cited in 1 Texas opinions naming this issue, 1972–1972
1 sentence

1972See Long v. Long, Tex.Civ.App., 365 S.W.2d 214 ; Har *613 ris v. Harris, Tex.Civ.App., 190 S.W.2d 489 .

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 (8)

CaseCitedYears
Gharbi v. State green
texcrimapp · 2003
1 sentence

2014The Court of Criminal Appeals’ opinion in Gharbi addressing an evidentiary sufficiency challenge, does contain the statement “[flor evidentiary sufficiency purposes under both federal and state law, the prosecution alleged and proved everything that the law required when it alleged and proved that appellant came within 500 feet of the residence in violation of a protective order.” 5 Id. at 482 .

12014–2014
Rittgers v. Rittgers green
texapp · 1991
1 sentence

1994Rittgers, 802 S.W.2d at 113 .

11994–1994
Mills v. Bartlett green
tex · 1964
1 sentence

1992Mills v. Bartlett, 377 S.W.2d 636 (Tex.1964); Hogg v. Waddell, 42 S.W.2d 488 (Tex.Civ.App.— El Paso 1931, no writ).

11992–1992
Hogg v. Waddell neutral
texapp · 1931
1 sentence

1992Mills v. Bartlett, 377 S.W.2d 636 (Tex.1964); Hogg v. Waddell, 42 S.W.2d 488 (Tex.Civ.App.— El Paso 1931, no writ).

11992–1992
Aucutt v. Aucutt green
tex · 1933
1 sentence

1981The court held that, although the residence requirement was not jurisdictional but rather pertained to qualification to maintain suit, citing Aucutt v. Aucutt, 122 Tex. 518 , 62 S.W.2d 77, 79 (1933), neither divorce nor any other relief could be granted until the qualifications for maintaining the main action were met.

11981–1981
Kaherl v. Kaherl green
texapp · 1962
2 sentences

1973Cf. Gilliam v. Riggs, 385 S.W.2d 444 (Tex.Civ.App.) and Kaherl v. Kaherl, 357 S.W. 2d 622 (Tex.Civ.App.) A purported sentence which does not meet all the elements of the statutory definition is no sentence at all.

1973Cf. Gilliam v. Riggs, 385 S.W.2d 444 (Tex. Civ.App.) and Kaherl v. Kaherl, 357 S.W. 2d 622 (Tex.Civ.App.) A purported sentence which does not meet all the elements of the statutory definition is no sentence at all.

11973–1973
Gilliam v. Riggs green
texapp · 1964
2 sentences

1973Cf. Gilliam v. Riggs, 385 S.W.2d 444 (Tex.Civ.App.) and Kaherl v. Kaherl, 357 S.W. 2d 622 (Tex.Civ.App.) A purported sentence which does not meet all the elements of the statutory definition is no sentence at all.

1973Cf. Gilliam v. Riggs, 385 S.W.2d 444 (Tex. Civ.App.) and Kaherl v. Kaherl, 357 S.W. 2d 622 (Tex.Civ.App.) A purported sentence which does not meet all the elements of the statutory definition is no sentence at all.

11973–1973
Harris v. Harris green
texapp · 1945
1 sentence

1972See Long v. Long, Tex.Civ.App., 365 S.W.2d 214 ; Har *613 ris v. Harris, Tex.Civ.App., 190 S.W.2d 489 .

11972–1972

Where else courts name it

NY 37 (1953–2026) CA 25 (1951–2024) TX 17 (1972–2021) FL 13 (1966–2024) IL 11 (1979–2023) NJ 8 (1959–2023) OH 8 (1975–2025) AR 7 (1947–2004) MA 7 (1893–2017) MI 6 (1963–2023) WV 5 (1979–2012) HI 5 (1940–2016) AL 5 (1994–2015) OR 4 (2011–2020) NM 4 (1967–1993) MO 4 (1971–2005) PA 4 (1955–2017) TN 4 (1974–2017) KS 3 (1957–2023) AZ 3 (1929–2000) CT 3 (1928–1994) WI 2 (1981–1992) LA 2 (1974–1975) ME 2 (1968–2002) WA 2 (1973–1978) OK 2 (1963–1965) PR 2 (1962–1965) IN 2 (1970–1981) IA 2 (1952–1963) CO 2 (1965–2011) NC 2 (1975–2008) ID 2 (1957–1982)

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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