restrictions rule (Texas) · Go Syfert
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restrictions rule in Texas

15 Texas opinions name it 2 courts 1941–2015 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 (12)

CaseFollowedCited
Dears v. Stategreen
texcrimapp · 2005 · cited in 3 Texas opinions naming this issue, 2005–2015
2 sentences

2015See Dears v. State, 154 S.W.3d 610 (Tex. Crim.

2006See Dears v. State , 154 S.W.3d 610, 613 (Tex. Crim.

33
Feagin v. Stategreen
texcrimapp · 1998 · cited in 2 Texas opinions naming this issue, 2000–2001
2 sentences

2001Feagin v. State, 967 S.W.2d 417, 419 (Tex.Crim.App.1998).

2000See Feagin v. State, 967 S.W.2d 417, 419 (Tex. Crim.

22
Watson v. Stategreen
texcrimapp · 1996 · cited in 4 Texas opinions naming this issue, 1997–1998
2 sentences

1998An appeal to which the restrictions of rule 40(b)(1) apply is limited to matters which the trial judge allows, to pretrial motions, and to jurisdictional defects. [1] Watson, 924 S.W.2d at 714 .

1998An appeal to wMch the restrictions of rule 40(b)(1) apply is limited to matters wMch the trial judge allows, to pretrial motions, and to jurisdictional defects. 1 Watson, 924 S.W.2d at 714 .

14
City of Laredo v. Lealgreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See City of Laredo v. Leal, 161 S.W.3d 558, 563 (Tex.App.-San Antonio 2004, pet. denied); Nuchia v. Tippy, 973 S.W.2d 782, 786 (Tex.App.-Tyler 1998, no pet.); see also Smith, 292 S.W.3d at 21 & nn. 49 & 50 (noting that cited opinions failed to “accurately restated the restrictions on a hearing examiner’s authority”). 107 .

11
City of Pasadena v. Smithgreen
tex · 2009 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See City of Laredo v. Leal, 161 S.W.3d 558, 563 (Tex.App.-San Antonio 2004, pet. denied); Nuchia v. Tippy, 973 S.W.2d 782, 786 (Tex.App.-Tyler 1998, no pet.); see also Smith, 292 S.W.3d at 21 & nn. 49 & 50 (noting that cited opinions failed to “accurately restated the restrictions on a hearing examiner’s authority”). 107 .

11
Nuchia v. Tippygreen
texapp · 1998 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See City of Laredo v. Leal, 161 S.W.3d 558, 563 (Tex.App.-San Antonio 2004, pet. denied); Nuchia v. Tippy, 973 S.W.2d 782, 786 (Tex.App.-Tyler 1998, no pet.); see also Smith, 292 S.W.3d at 21 & nn. 49 & 50 (noting that cited opinions failed to “accurately restated the restrictions on a hearing examiner’s authority”). 107 .

11
Dillehey v. Stategreen
texcrimapp · 1991 · cited in 1 Texas opinions naming this issue, 1998–1998
1 sentence

1998The restrictions of the rule also apply to a defendant’s appeal of an order deferring adjudication of guilt. 2 Dillehey v. State, 815 S.W.2d 623, 626 (Tex.Crim.App.1991).

11
Whetstone v. Stategreen
texcrimapp · 1990 · cited in 1 Texas opinions naming this issue, 1997–1997
2 sentences

1997See Whetstone v. State, 786 S.W.2d 361, 363 (Tex.Crim.App.1990). 6 The restrictions of rule 40(b)(1) apply to an appeal from a “plea bargained conviction.” Lyon v. State, 872 S.W.2d 732, 736 (Tex.Crim.App.), cert. denied, 512 U.S. 1209 , 114 S.Ct. 2684 , 129 L.Ed.2d 816 (1994).

1997See Whetstone v. State, 786 S.W.2d 361, 363 (Tex.Crim.App.1990). 6 The restrictions of rule 40(b)(1) apply to an appeal from a “plea bargained conviction.” Lyon v. State, 872 S.W.2d 732, 736 (Tex.Crim.App.), cert. denied, 512 U.S. 1209 , 114 S.Ct. 2684 , 129 L.Ed.2d 816 (1994).

11
Lyon v. Stategreen
texcrimapp · 1994 · cited in 1 Texas opinions naming this issue, 1997–1997
2 sentences

1997See Whetstone v. State, 786 S.W.2d 361, 363 (Tex.Crim.App.1990). 6 The restrictions of rule 40(b)(1) apply to an appeal from a “plea bargained conviction.” Lyon v. State, 872 S.W.2d 732, 736 (Tex.Crim.App.), cert. denied, 512 U.S. 1209 , 114 S.Ct. 2684 , 129 L.Ed.2d 816 (1994).

1997See Whetstone v. State, 786 S.W.2d 361, 363 (Tex.Crim.App.1990). 6 The restrictions of rule 40(b)(1) apply to an appeal from a “plea bargained conviction.” Lyon v. State, 872 S.W.2d 732, 736 (Tex.Crim.App.), cert. denied, 512 U.S. 1209 , 114 S.Ct. 2684 , 129 L.Ed.2d 816 (1994).

11
Dea v. Pennsylvaniagreen
scotus · 1994 · cited in 1 Texas opinions naming this issue, 1997–1997
2 sentences

1997See Whetstone v. State, 786 S.W.2d 361, 363 (Tex.Crim.App.1990). 6 The restrictions of rule 40(b)(1) apply to an appeal from a “plea bargained conviction.” Lyon v. State, 872 S.W.2d 732, 736 (Tex.Crim.App.), cert. denied, 512 U.S. 1209 , 114 S.Ct. 2684 , 129 L.Ed.2d 816 (1994).

1997See Whetstone v. State, 786 S.W.2d 361, 363 (Tex.Crim.App.1990). 6 The restrictions of rule 40(b)(1) apply to an appeal from a “plea bargained conviction.” Lyon v. State, 872 S.W.2d 732, 736 (Tex.Crim.App.), cert. denied, 512 U.S. 1209 , 114 S.Ct. 2684 , 129 L.Ed.2d 816 (1994).

11
Morris v. Perlosgreen
scotus · 1994 · cited in 1 Texas opinions naming this issue, 1997–1997
2 sentences

1997See Whetstone v. State, 786 S.W.2d 361, 363 (Tex.Crim.App.1990). 6 The restrictions of rule 40(b)(1) apply to an appeal from a “plea bargained conviction.” Lyon v. State, 872 S.W.2d 732, 736 (Tex.Crim.App.), cert. denied, 512 U.S. 1209 , 114 S.Ct. 2684 , 129 L.Ed.2d 816 (1994).

1997See Whetstone v. State, 786 S.W.2d 361, 363 (Tex.Crim.App.1990). 6 The restrictions of rule 40(b)(1) apply to an appeal from a “plea bargained conviction.” Lyon v. State, 872 S.W.2d 732, 736 (Tex.Crim.App.), cert. denied, 512 U.S. 1209 , 114 S.Ct. 2684 , 129 L.Ed.2d 816 (1994).

11
Ex Parte McKenziegreen
texcrimapp · 1930 · cited in 1 Texas opinions naming this issue, 1997–1997
2 sentences

1997Interestingly, in McKenzie, it was decided that the dispute did not affect the court’s jurisdiction since the sentence levied "was not beyond [the court’s] power to enter” and since the "judgment was not void.” Ex parte McKenzie, 115 Tex. Crim. 315 , 29 S.W.2d 771, 772 (1930).

1997Interestingly, in McKenzie, it was decided that the dispute did not affect the court’s jurisdiction since the sentence levied "was not beyond [the court’s] power to enter” and since the "judgment was not void.” Ex parte McKenzie, 115 Tex. Crim. 315 , 29 S.W.2d 771, 772 (1930).

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 (15)

CaseCitedYears
Rojas v. State green
texapp · 1997
2 sentences

2000App. P. 25.2(b)(3); Rojas , 943 S.W.2d at 509 .

2000Id.

12000–2000
Padgett v. State green
texcrimapp · 1989
2 sentences

1997Cf. Padgett, 764 S.W.2d at 241 ; see also Watson, 924 S.W.2d at 714 (order of deferred adjudication is punishment, thus the restrictions of rule 40(b)(1) apply).

1997Cf. Padgett, 764 S.W.2d at 241 ; see also Watson, 924 S.W.2d at 714 (order of deferred adjudication is punishment, thus the restrictions of rule 40(b)(1) apply).

11997–1997
First State Bank of Corpus Christi v. James green
texapp · 1971
1 sentence

1972Stewart v. Welsh, 142 Tex. 314 , 178 S.W.2d 506 (1944); First State Bank of Corpus Christi v. James, 471 S.W.2d 868 (Tex.Civ.App.—Corpus Christi 1971, no writ); Davis v. Hinton, 374 S.W.2d 723 (Tex.Civ.App.—Tyler 1964, writ ref’d n. r. e.); Barham v. Reames, 366 S.W.2d 257 (Tex.Civ.App.—Fort Worth 1963, no writ).

11972–1972
Davis v. Hinton green
texapp · 1964
1 sentence

1972Stewart v. Welsh, 142 Tex. 314 , 178 S.W.2d 506 (1944); First State Bank of Corpus Christi v. James, 471 S.W.2d 868 (Tex.Civ.App.—Corpus Christi 1971, no writ); Davis v. Hinton, 374 S.W.2d 723 (Tex.Civ.App.—Tyler 1964, writ ref’d n. r. e.); Barham v. Reames, 366 S.W.2d 257 (Tex.Civ.App.—Fort Worth 1963, no writ).

11972–1972
Barham v. Reames green
texapp · 1963
1 sentence

1972Stewart v. Welsh, 142 Tex. 314 , 178 S.W.2d 506 (1944); First State Bank of Corpus Christi v. James, 471 S.W.2d 868 (Tex.Civ.App.—Corpus Christi 1971, no writ); Davis v. Hinton, 374 S.W.2d 723 (Tex.Civ.App.—Tyler 1964, writ ref’d n. r. e.); Barham v. Reames, 366 S.W.2d 257 (Tex.Civ.App.—Fort Worth 1963, no writ).

11972–1972
Stewart v. Welsh green
tex · 1944
2 sentences

1972Stewart v. Welsh, 142 Tex. 314 , 178 S.W.2d 506 (1944); First State Bank of Corpus Christi v. James, 471 S.W.2d 868 (Tex.Civ.App.—Corpus Christi 1971, no writ); Davis v. Hinton, 374 S.W.2d 723 (Tex.Civ.App.—Tyler 1964, writ ref’d n. r. e.); Barham v. Reames, 366 S.W.2d 257 (Tex.Civ.App.—Fort Worth 1963, no writ).

1972Stewart v. Welsh, 142 Tex. 314 , 178 S.W.2d 506 (1944); First State Bank of Corpus Christi v. James, 471 S.W.2d 868 (Tex.Civ.App.—Corpus Christi 1971, no writ); Davis v. Hinton, 374 S.W.2d 723 (Tex.Civ.App.—Tyler 1964, writ ref’d n. r. e.); Barham v. Reames, 366 S.W.2d 257 (Tex.Civ.App.—Fort Worth 1963, no writ).

11972–1972
Morrow v. Hasselman green
njch · 1905
1 sentence

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

11941–1941
Meaney v. Stork green
njch · 1912
1 sentence

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

11941–1941
Payson v. Burnham green
mass · 1886
2 sentences

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

11941–1941
Bacon v. Sandberg green
mass · 1901
1 sentence

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

11941–1941
Sawin v. Cormier green
mass · 1901
1 sentence

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

11941–1941
Seawright v. Blount green
ga · 1913
2 sentences

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

11941–1941
Dethloff v. Voit neutral
nyappdiv · 1916
2 sentences

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

11941–1941
Yeomans v. Herrick green
moctapp · 1914
2 sentences

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

11941–1941
Schadt v. Brill green
mich · 1913
2 sentences

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

1941He may take no notice of violations not especially offensive to him without losing his right to enforce the restrictions in the case of especially offensive violations/ “In Schadt v. Brill, 173 Mich. 647 , 139 N.W. 878 , 45 L.R.A.(N.S.) 726, the court, after a very complete review of the authorities, said: ‘We find the law well settled to the effect that a person owning property in restricted territory does not waive or lose his right to enforce the restrictions where their violation becomes especially and personally offensive and injurious to him and his property by reason of his previous omi

11941–1941

Where else courts name it

TX 15 (1941–2015) CA 7 (1963–2016) NY 4 (1974–1997) WA 4 (1994–2025) MI 3 (1924–1951) MO 3 (1976–2001) NJ 2 (1987–2011) NV 2 (2022–2022) IL 2 (1983–2005) PA 2 (2004–2013) NM 2 (1935–1955) MD 2 (1947–1986) HI 2 (2014–2015)

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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