11 Texas opinions name it 2 courts 1972–2023 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.
| Case | Followed | Cited |
|---|---|---|
Bounds v. Caudlegreen2 sentences1993Their criticisms would seem to be better directed at the court’s earlier decisions to abrogate the doctrine of interspousal tort immunity in Bounds v. Caudle, 560 S.W.2d 925 (Tex.1977), and Price v. Price, 732 S.W.2d 316 (Tex.1987). . 1993Their criticisms would seem to be better directed at the court’s earlier decisions to abrogate the doctrine of interspousal tort immunity in Bounds v. Caudle, 560 S.W.2d 925 (Tex.1977), and Price v. Price, 732 S.W.2d 316 (Tex.1987). . | 2 | 4 |
Price v. Pricegreen2 sentences2023See, e.g., Price v. Price, 732 S.W.2d 316, 319 (Tex. 1987) (abolishing the common- law doctrine of interspousal tort immunity); Rogers v. Tennessee, 532 U.S. 451 , 453–55 (2001) (describing the consequences of the Tennessee Supreme Court’s abolition of the old common-law “year and a day rule,” under which a defendant could not be convicted of murder if the victim survived longer than that period of time). 5 The question is not of authority but of propriety. 1993Their criticisms would seem to be better directed at the court’s earlier decisions to abrogate the doctrine of interspousal tort immunity in Bounds v. Caudle, 560 S.W.2d 925 (Tex.1977), and Price v. Price, 732 S.W.2d 316 (Tex.1987). . | 2 | 3 |
Nickerson v. Nickersongreen2 sentences1979In his single point of error, appellant asserts that the interspousal tort immunity doctrine “is no longer a viable concept in view of recent case law and legislative enactments which have abrogated any and all policies supporting said doctrine.” The doctrine of interspousal tort immunity was adopted in Texas in the case of Nickerson and Matson v. Nickerson, 65 Tex. 281 (1886). 1977The doctrine of interspousal tort immunity was adopted in Texas in the case of Nickerson and Matson v. Nickerson, 65 Tex. 281 (1886), and was last considered and upheld by this Court in Turner v. Turner, 385 S.W.2d 230 (Tex.1965). | 1 | 4 |
Abbott v. Abbottgreen2 sentences2015See Nickerson v. Nickerson, 65 Tex. 281, 283 (1886) (tort inflicted on wife by her husband “gave no right of action to the wife against the husband,” “no compensation could be given to the wife, through a civil action”), overruled by Price v. Price, 732 S.W.2d 316 , 316–19 (Tex. 1987) (abolishing interspousal tort immunity doctrine); see also Abbott v. Abbott, 67 Me. 304 , 306–07 (1877) (“So to speak, marriage acts as a perpetually operating discharge of all wrongs between man and wife, committed by one upon the other.”); Peters v. Peters, 42 Iowa 182, 183 (1875) (changes in relation of husban 2015See Nickerson v. Nickerson, 65 Tex. 281, 283 (1886) (tort inflicted on wife by her husband “gave no right of action to the wife against the husband,” “no compensation could be given to the wife, through a civil action”), overruled by Price v. Price, 732 S.W.2d 316 , 316–19 (Tex. 1987) (abolishing interspousal tort immunity doctrine); see also Abbott v. Abbott, 67 Me. 304 , 306–07 (1877) (“So to speak, marriage acts as a perpetually operating discharge of all wrongs between man and wife, committed by one upon the other.”); Peters v. Peters, 42 Iowa 182, 183 (1875) (changes in relation of husban | 1 | 1 |
Peters v. Petersgreen2 sentences2015See Nickerson v. Nickerson, 65 Tex. 281, 283 (1886) (tort inflicted on wife by her husband “gave no right of action to the wife against the husband,” “no compensation could be given to the wife, through a civil action”), overruled by Price v. Price, 732 S.W.2d 316 , 316–19 (Tex. 1987) (abolishing interspousal tort immunity doctrine); see also Abbott v. Abbott, 67 Me. 304 , 306–07 (1877) (“So to speak, marriage acts as a perpetually operating discharge of all wrongs between man and wife, committed by one upon the other.”); Peters v. Peters, 42 Iowa 182, 183 (1875) (changes in relation of husban 2015See Nickerson v. Nickerson, 65 Tex. 281, 283 (1886) (tort inflicted on wife by her husband “gave no right of action to the wife against the husband,” “no compensation could be given to the wife, through a civil action”), overruled by Price v. Price, 732 S.W.2d 316 , 316–19 (Tex. 1987) (abolishing interspousal tort immunity doctrine); see also Abbott v. Abbott, 67 Me. 304 , 306–07 (1877) (“So to speak, marriage acts as a perpetually operating discharge of all wrongs between man and wife, committed by one upon the other.”); Peters v. Peters, 42 Iowa 182, 183 (1875) (changes in relation of husban | 1 | 1 |
Chiles v. Chilesgreen2 sentences1993See 855 S.W.2d at 627 (Phillips, C.J., dissenting). [15] We necessarily disapprove of the contrary holding in Chiles v. Chiles, 779 S.W.2d 127 (Tex. App.Houston [14th Dist.] 1989, writ denied) (declining to recognize intentional infliction of emotional distress as a separate cause of action in a divorce suit). [16] A [divorce action] plaintiff ... may join as independent claims any or as many claims either legal or equitable or both as he may have against the opposing party.... 1993See 855 S.W.2d at 627 (Phillips, C.J., dissenting). [15] We necessarily disapprove of the contrary holding in Chiles v. Chiles, 779 S.W.2d 127 (Tex. App.Houston [14th Dist.] 1989, writ denied) (declining to recognize intentional infliction of emotional distress as a separate cause of action in a divorce suit). [16] A [divorce action] plaintiff ... may join as independent claims any or as many claims either legal or equitable or both as he may have against the opposing party.... | 1 | 1 |
Hack v. Hackgreen2 sentences1986While we may agree with this statement by the Pennsylvania Supreme Court in Hack v. Hack, 495 Pa. 300 , 433 A.2d 859, 860-61 (1981), “A tortfeasor’s immunity from liability because of his marital relationship with the injured party cannot be sustained on the basis of law, logic or public policy,” this court will refrain from ruling on the whole doctrine of interspousal tort immunity as it applies in Texas to negligent acts of a spouse when the cause of action accrues during the marriage relationship. 1986While we may agree with this statement by the Pennsylvania Supreme Court in Hack v. Hack, 495 Pa. 300 , 433 A.2d 859, 860-61 (1981), “A tortfeasor’s immunity from liability because of his marital relationship with the injured party cannot be sustained on the basis of law, logic or public policy,” this court will refrain from ruling on the whole doctrine of interspousal tort immunity as it applies in Texas to negligent acts of a spouse when the cause of action accrues during the marriage relationship. | 1 | 1 |
Renfrow v. Gojohngreen2 sentences1986At least 29 states have now abrogated the interspousal tort immunity doctrine, and several others have curtailed its application. [1] A comprehensive 1980 list is also contained in Renfrow v. Gojohn, 600 S.W.2d 77, 80-82 (Mo.App.1980). 1986At least 29 states have now abrogated the interspousal tort immunity doctrine, and several others have curtailed its application. 1 A comprehensive 1980 list is also contained in Renfrow v. Gojohn, 600 S.W.2d 77, 80-82 (Mo.App.1980). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Robertson v. Estate of McKnight
green
2 sentences1984Robertson v. The Estate of McKnight, 591 S.W.2d 639 (Tex.Civ.App. — Tyler 1979), rev’d on other grounds, 609 S.W.2d 534 (Tex.1980). 1980Robertson v. Estate of McKnight, 591 S.W.2d 639 (Tex.Civ.App.—Tyler 1979), rev’d on other grounds, 609 S.W.2d 534 (Tex.1980); Bruno v. Bruno, 589 S.W.2d 179 (Tex.Civ.App.—Waco 1979, writ ref’d n.r.e.). | 2 | 1980–1984 |
Robertson v. Estate of McKnight
green
2 sentences1984Robertson v. The Estate of McKnight, 591 S.W.2d 639 (Tex.Civ.App. — Tyler 1979), rev’d on other grounds, 609 S.W.2d 534 (Tex.1980). 1980Robertson v. Estate of McKnight, 591 S.W.2d 639 (Tex.Civ.App.—Tyler 1979), rev’d on other grounds, 609 S.W.2d 534 (Tex.1980); Bruno v. Bruno, 589 S.W.2d 179 (Tex.Civ.App.—Waco 1979, writ ref’d n.r.e.). | 2 | 1980–1984 |
Turner v. Turner
green
2 sentences1977The doctrine of interspousal tort immunity was adopted in Texas in the case of Nickerson and Matson v. Nickerson, 65 Tex. 281 (1886), and was last considered and upheld by this Court in Turner v. Turner, 385 S.W.2d 230 (Tex.1965). 1977The doctrine of interspousal tort immunity was adopted in Texas in the case of Nickerson and Matson v. Nickerson, 65 Tex. 281 (1886), and was last considered and upheld by this Court in Turner v. Turner, 385 S.W.2d 230 (Tex.1965). | 2 | 1972–1977 |
Rogers v. Tennessee
green
1 sentence2023See, e.g., Price v. Price, 732 S.W.2d 316, 319 (Tex. 1987) (abolishing the common- law doctrine of interspousal tort immunity); Rogers v. Tennessee, 532 U.S. 451 , 453–55 (2001) (describing the consequences of the Tennessee Supreme Court’s abolition of the old common-law “year and a day rule,” under which a defendant could not be convicted of murder if the victim survived longer than that period of time). 5 The question is not of authority but of propriety. | 1 | 2023–2023 |
Longendyke v. Longendyke
green
2 sentences2015See Nickerson v. Nickerson, 65 Tex. 281, 283 (1886) (tort inflicted on wife by her husband “gave no right of action to the wife against the husband,” “no compensation could be given to the wife, through a civil action”), overruled by Price v. Price, 732 S.W.2d 316 , 316–19 (Tex. 1987) (abolishing interspousal tort immunity doctrine); see also Abbott v. Abbott, 67 Me. 304 , 306–07 (1877) (“So to speak, marriage acts as a perpetually operating discharge of all wrongs between man and wife, committed by one upon the other.”); Peters v. Peters, 42 Iowa 182, 183 (1875) (changes in relation of husban 2015See Nickerson v. Nickerson, 65 Tex. 281, 283 (1886) (tort inflicted on wife by her husband “gave no right of action to the wife against the husband,” “no compensation could be given to the wife, through a civil action”), overruled by Price v. Price, 732 S.W.2d 316 , 316–19 (Tex. 1987) (abolishing interspousal tort immunity doctrine); see also Abbott v. Abbott, 67 Me. 304 , 306–07 (1877) (“So to speak, marriage acts as a perpetually operating discharge of all wrongs between man and wife, committed by one upon the other.”); Peters v. Peters, 42 Iowa 182, 183 (1875) (changes in relation of husban | 1 | 2015–2015 |
Speer & Goodnight v. Sykes
green
2 sentences1986In Sykes v. Speer, 112 S.W. 422 (Tex.Civ.App.—1908), rev’d on other grounds, 102 Tex. 451 , 119 S.W. 86 (1909), the court wrote that a judgment awarding the wife damages for personal injuries was void on its face since it showed that the injuries complained of were committed during the marital relationship. 1986In Sykes v. Speer, 112 S.W. 422 (Tex.Civ.App.—1908), rev’d on other grounds, 102 Tex. 451 , 119 S.W. 86 (1909), the court wrote that a judgment awarding the wife damages for personal injuries was void on its face since it showed that the injuries complained of were committed during the marital relationship. | 1 | 1986–1986 |
Mogford v. Mogford
green
2 sentences1983Appellant concedes that recovery for personal injuries arising out of willful and intentional torts committed by one spouse upon the other during marriage is no longer barred by the doctrine of interspousal tort immunity, Mogford v. Mogford, 616 S.W.2d 936 (Tex.Civ.App. — San Antonio 1981, writ ref’d, n.r.e.). 1983Appellant concedes that recovery for personal injuries arising out of willful and intentional torts committed by one spouse upon the other during marriage is no longer barred by the doctrine of interspousal tort immunity, Mogford v. Mogford, 616 S.W.2d 936 (Tex.Civ.App. — San Antonio 1981, writ ref’d, n.r.e.). | 1 | 1983–1983 |
Bruno v. Bruno
green
2 sentences1980Robertson v. Estate of McKnight, 591 S.W.2d 639 (Tex.Civ.App.—Tyler 1979), rev’d on other grounds, 609 S.W.2d 534 (Tex.1980); Bruno v. Bruno, 589 S.W.2d 179 (Tex.Civ.App.—Waco 1979, writ ref’d n.r.e.). 1980Robertson v. Estate of McKnight, 591 S.W.2d 639 (Tex.Civ.App.—Tyler 1979), rev’d on other grounds, 609 S.W.2d 534 (Tex.1980); Bruno v. Bruno, 589 S.W.2d 179 (Tex.Civ.App.—Waco 1979, writ ref’d n.r.e.). | 1 | 1980–1980 |
McGlothlin v. McGlothlin
green
1 sentence1972This is true regardless whether the tort was negligent or intentional Nickerson and Matson v. Nickerson, supra; Turner v. Turner, 385 S.W.2d 230 (Tex.1965); Lunt v. Lunt, 121 S.W.2d 445 (Tex.Civ.App.1938, writ ref.); McGlothlin v. McGlothlin, 476 S.W.2d 333 (Tex.Civ.App.1972, writ ref. n. r. e.); Comment: Intra Family Immunity — The Doctrine and Its Present Status, 20 Baylor L.Rev. 27 (Winter 1968). | 1 | 1972–1972 |
Lunt v. Lunt
neutral
1 sentence1972This is true regardless whether the tort was negligent or intentional Nickerson and Matson v. Nickerson, supra; Turner v. Turner, 385 S.W.2d 230 (Tex.1965); Lunt v. Lunt, 121 S.W.2d 445 (Tex.Civ.App.1938, writ ref.); McGlothlin v. McGlothlin, 476 S.W.2d 333 (Tex.Civ.App.1972, writ ref. n. r. e.); Comment: Intra Family Immunity — The Doctrine and Its Present Status, 20 Baylor L.Rev. 27 (Winter 1968). | 1 | 1972–1972 |
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.