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10 Texas opinions name it 2 courts 1912–2000 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.
| Case | Followed | Cited |
|---|---|---|
Darby v. Cisnerosgreen2 sentences2000Id. § 2001.171 (Vernon 1997); see Darby v. Cisneros, 509 U.S. 137 , 113 S.Ct. 2539 , 125 L.Ed.2d 113 (1993); Gibson v. Waco Independent School Dist., 971 S.W.2d 199, 200 (Tex.App.—Waco 1998, pet. granted). 2000Id. § 2001.171 (Vernon 1997); see Darby v. Cisneros, 509 U.S. 137 , 113 S.Ct. 2539 , 125 L.Ed.2d 113 (1993); Gibson v. Waco Independent School Dist., 971 S.W.2d 199, 200 (Tex.App.—Waco 1998, pet. granted). | 1 | 1 |
Gibson v. Waco Independent School Districtgreen1 sentence2000Id. § 2001.171 (Vernon 1997); see Darby v. Cisneros, 509 U.S. 137 , 113 S.Ct. 2539 , 125 L.Ed.2d 113 (1993); Gibson v. Waco Independent School Dist., 971 S.W.2d 199, 200 (Tex.App.—Waco 1998, pet. granted). | 1 | 1 |
Wade v. Jonesgreen2 sentences1986Wade v. Jones, 526 S.W.2d 160, 163 (Tex.Civ.App.—Dallas 1975, no writ). 1986Wade v. Jones, 526 S.W.2d 160, 163 (Tex.Civ.App.- Dallas 1975, no writ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. Ferguson
green
2 sentences1939In Mayer v. Kostes, Tex.Civ.App., 71 S.W.2d 398, 400 , writ refused, as applicable to the instant case, we quote as follows : “Despite the axiomatic rule that the matters of actual fact thus alleged must be taken as true under the legal effect of the general demurrer, this court agrees , with the learned trial judge that, applying to them that uniformly strict construction to which bills for injunction must be subjected [Johnson v. Ferguson, Tex.Civ.App., 55 S.W.2d 153 ; Thomas v. Bunch, Tex.Civ.App., 41 S.W.2d 359 ; Town of Refugio v. Strauch, Tex.Com.App., 29 S.W.2d 1041 ], they fail to enti 1934App.) 55 S.W.(2d) 153 ; Thomas v. Bunch (Tex. Civ. | 2 | 1934–1939 |
Federal Deposit Insurance Corporation, Plaintiff-Counter v. Roy William Bledsoe, Defendant-Counter Claimant-Appellee
green
1 sentence1994In Bledsoe , the court noted that [fit is an axiomatic principle of statutory construction that in effectuating Congress’ intent courts are to fill the inevitable statutory gaps by reference to the principles of common law. 989 F.2d at 810 . | 1 | 1994–1994 |
Munoz v. California
green
1 sentence1992See, Tex.Code CRim.PROc.Ann. art. 38.04 (Vernon 1979); Sharp v. State, 707 S.W.2d 611 (Tex.Crim.App.1986), cert. denied 488 U.S. 872 , 109 S.Ct. 190 , 102 L.Ed.2d 159 (1988); Hudson v. State, 418 S.W.2d 813 (Tex.Crim.App.1967). | 1 | 1992–1992 |
Sharp v. Texas
green
1 sentence1992See, Tex.Code CRim.PROc.Ann. art. 38.04 (Vernon 1979); Sharp v. State, 707 S.W.2d 611 (Tex.Crim.App.1986), cert. denied 488 U.S. 872 , 109 S.Ct. 190 , 102 L.Ed.2d 159 (1988); Hudson v. State, 418 S.W.2d 813 (Tex.Crim.App.1967). | 1 | 1992–1992 |
Sharp v. State
green
1 sentence1992See, Tex.Code CRim.PROc.Ann. art. 38.04 (Vernon 1979); Sharp v. State, 707 S.W.2d 611 (Tex.Crim.App.1986), cert. denied 488 U.S. 872 , 109 S.Ct. 190 , 102 L.Ed.2d 159 (1988); Hudson v. State, 418 S.W.2d 813 (Tex.Crim.App.1967). | 1 | 1992–1992 |
Hudson v. State
green
1 sentence1992See, Tex.Code CRim.PROc.Ann. art. 38.04 (Vernon 1979); Sharp v. State, 707 S.W.2d 611 (Tex.Crim.App.1986), cert. denied 488 U.S. 872 , 109 S.Ct. 190 , 102 L.Ed.2d 159 (1988); Hudson v. State, 418 S.W.2d 813 (Tex.Crim.App.1967). | 1 | 1992–1992 |
Western Telephone Corp. of Texas v. McCann
green
1 sentence1958In Western Telephone Corporation of Texas v. McCann, 128 Tex. 582 , 99 S.W.2d 895, 898 , *96 our Commission of Appeals, in an opinion adopted by our Supreme Court, quoted with approval from another jurisdiction as follows : “ *• ■* * it may be stated as an axiomatic rule that whenever court or jury are left by the evidence in a situation where, in order to find the ultimate fact alleged, they must piece out the facts adduced with conjecture or supposition, the plaintiff must be held to have failed in his proof.” We believe the case cited and quoted from is decisive on the question of the failu | 1 | 1958–1958 |
Western Telephone Corp. v. McCann
green
1 sentence1958In Western Telephone Corporation of Texas v. McCann, 128 Tex. 582 , 99 S.W.2d 895, 898 , *96 our Commission of Appeals, in an opinion adopted by our Supreme Court, quoted with approval from another jurisdiction as follows : “ *• ■* * it may be stated as an axiomatic rule that whenever court or jury are left by the evidence in a situation where, in order to find the ultimate fact alleged, they must piece out the facts adduced with conjecture or supposition, the plaintiff must be held to have failed in his proof.” We believe the case cited and quoted from is decisive on the question of the failu | 1 | 1958–1958 |
Byerly v. Consolidated Light, Power & Ice Co.
green
2 sentences1946"Where the ultimate fact is not susceptible of direct proof, its existence must directly follow as a reasonable conclusion from its basic facts and circumstances and it may be stated as an axiomatic rule that whenever court or jury are left by the evidence in a situation where, in order to find the ultimate fact alleged, they must piece out the facts adduced with conjecture or supposition, the plaintiff must be held to have failed in his proof"; Byerly v. Consolidated Light, Power Ice Co., 130 Mo. App. 593 , 109 S.W. 1065 , 1067. 1946"Where the ultimate fact is not susceptible of direct proof, its existence must directly follow as a reasonable conclusion from its basic facts and circumstances and it may be stated as an axiomatic rule that whenever court or jury are left by the evidence in a situation where, in order to find the ultimate fact alleged, they must piece out the facts adduced with conjecture or supposition, the plaintiff must be held to have failed in his proof"; Byerly v. Consolidated Light, Power Ice Co., 130 Mo. App. 593 , 109 S.W. 1065 , 1067. | 1 | 1946–1946 |
Texas Pac. Fidelity & Surety Co. v. Hall
neutral
1 sentence1944F. & S. Co. v. Hall, Tex.Civ.App., 101 S.W.2d 1050, 1052 , is quite pertinent: “Where the ultimate fact is not susceptible of direct proof, its existence must directly follow as a reasonable conclusion from its basic facts and circumstances, and it may be stated as an axiomatic rule that whenever court or jury are left by the evidence in a situation where, in order to find the ultimate fact alleged, they must piece out the facts adduced with conjecture or supposition, the plaintiff must be held to have failed in his proof. | 1 | 1944–1944 |
Town of Refugio v. Strauch
green
1 sentence1939In Mayer v. Kostes, Tex.Civ.App., 71 S.W.2d 398, 400 , writ refused, as applicable to the instant case, we quote as follows : “Despite the axiomatic rule that the matters of actual fact thus alleged must be taken as true under the legal effect of the general demurrer, this court agrees , with the learned trial judge that, applying to them that uniformly strict construction to which bills for injunction must be subjected [Johnson v. Ferguson, Tex.Civ.App., 55 S.W.2d 153 ; Thomas v. Bunch, Tex.Civ.App., 41 S.W.2d 359 ; Town of Refugio v. Strauch, Tex.Com.App., 29 S.W.2d 1041 ], they fail to enti | 1 | 1939–1939 |
Mayer v. Kostes
green
1 sentence1939In Mayer v. Kostes, Tex.Civ.App., 71 S.W.2d 398, 400 , writ refused, as applicable to the instant case, we quote as follows : “Despite the axiomatic rule that the matters of actual fact thus alleged must be taken as true under the legal effect of the general demurrer, this court agrees , with the learned trial judge that, applying to them that uniformly strict construction to which bills for injunction must be subjected [Johnson v. Ferguson, Tex.Civ.App., 55 S.W.2d 153 ; Thomas v. Bunch, Tex.Civ.App., 41 S.W.2d 359 ; Town of Refugio v. Strauch, Tex.Com.App., 29 S.W.2d 1041 ], they fail to enti | 1 | 1939–1939 |
Thomas v. Bunch
green
1 sentence1939In Mayer v. Kostes, Tex.Civ.App., 71 S.W.2d 398, 400 , writ refused, as applicable to the instant case, we quote as follows : “Despite the axiomatic rule that the matters of actual fact thus alleged must be taken as true under the legal effect of the general demurrer, this court agrees , with the learned trial judge that, applying to them that uniformly strict construction to which bills for injunction must be subjected [Johnson v. Ferguson, Tex.Civ.App., 55 S.W.2d 153 ; Thomas v. Bunch, Tex.Civ.App., 41 S.W.2d 359 ; Town of Refugio v. Strauch, Tex.Com.App., 29 S.W.2d 1041 ], they fail to enti | 1 | 1939–1939 |
Mackey v. Peterson
green
2 sentences1912In Mackey v. Peterson, 29 Minn. 298 , 13 N.W. 132 , 43 Am.Rep. 211 , it is said: "If a person signs a paper voluntarily while under no controlling necessity to sign, without taking time to inform himself of its character, but relies on the opposite party to the contract for information respecting it, he misplaces his confidence and will not be heard to say that he was, in consequence, misled to sign, so as to take himself out of the general rule governing commercial paper." Again, in Fisher v. Von Behren, 70 Ind. 19 , 36 Am.Rep. 162 , it is held that, although the maker is not able to read or 1912In Mackey v. Peterson, 29 Minn. 298 , 13 N.W. 132 , 43 Am.Rep. 211 , it is said: "If a person signs a paper voluntarily while under no controlling necessity to sign, without taking time to inform himself of its character, but relies on the opposite party to the contract for information respecting it, he misplaces his confidence and will not be heard to say that he was, in consequence, misled to sign, so as to take himself out of the general rule governing commercial paper." Again, in Fisher v. Von Behren, 70 Ind. 19 , 36 Am.Rep. 162 , it is held that, although the maker is not able to read or | 1 | 1912–1912 |
Fisher v. Von Behren
neutral
1 sentence1912In Mackey v. Peterson, 29 Minn. 298 , 13 N.W. 132 , 43 Am.Rep. 211 , it is said: "If a person signs a paper voluntarily while under no controlling necessity to sign, without taking time to inform himself of its character, but relies on the opposite party to the contract for information respecting it, he misplaces his confidence and will not be heard to say that he was, in consequence, misled to sign, so as to take himself out of the general rule governing commercial paper." Again, in Fisher v. Von Behren, 70 Ind. 19 , 36 Am.Rep. 162 , it is held that, although the maker is not able to read or | 1 | 1912–1912 |
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.