plea of sovereign immunity (Texas) · Go Syfert
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plea of sovereign immunity in Texas

10 Texas opinions name it 2 courts 1961–2012 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Texas.

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 (14)

CaseCitedYears
United States v. Lee green
scotus · 1882
2 sentences

2009In support, the supreme court cited what it termed “[w]ell-reasoned and authoritative decisions of the Supreme Court of the United States and of the courts of this state supporting] the view that a plea of sovereign immunity by officials of the sovereign will not be sustained in a suit by the owner of land having right of possession when the sovereign has neither title nor right of possession.” Id. at 581-82 (citing United States v. Lee, 106 U.S. 196 , 1 S.Ct. 240 , 27 L.Ed. 171 (1882); Stanley v. Schwalby, 85 Tex. 348 , 19 S.W. 264 (1892), rev’d on other grounds, 147 U.S. 508 , 13 S.Ct. 418 ,

2009In support, the supreme court cited what it termed “[w]ell-reasoned and authoritative decisions of the Supreme Court of the United States and of the courts of this state supporting] the view that a plea of sovereign immunity by officials of the sovereign will not be sustained in a suit by the owner of land having right of possession when the sovereign has neither title nor right of possession.” Id. at 581-82 (citing United States v. Lee, 106 U.S. 196 , 1 S.Ct. 240 , 27 L.Ed. 171 (1882); Stanley v. Schwalby, 85 Tex. 348 , 19 S.W. 264 (1892), rev’d on other grounds, 147 U.S. 508 , 13 S.Ct. 418 ,

61961–2012
Stanley v. Schwalby green
scotus · 1893
2 sentences

2009In support, the supreme court cited what it termed “[w]ell-reasoned and authoritative decisions of the Supreme Court of the United States and of the courts of this state supporting] the view that a plea of sovereign immunity by officials of the sovereign will not be sustained in a suit by the owner of land having right of possession when the sovereign has neither title nor right of possession.” Id. at 581-82 (citing United States v. Lee, 106 U.S. 196 , 1 S.Ct. 240 , 27 L.Ed. 171 (1882); Stanley v. Schwalby, 85 Tex. 348 , 19 S.W. 264 (1892), rev’d on other grounds, 147 U.S. 508 , 13 S.Ct. 418 ,

2009In support, the supreme court cited what it termed “[w]ell-reasoned and authoritative decisions of the Supreme Court of the United States and of the courts of this state supporting] the view that a plea of sovereign immunity by officials of the sovereign will not be sustained in a suit by the owner of land having right of possession when the sovereign has neither title nor right of possession.” Id. at 581-82 (citing United States v. Lee, 106 U.S. 196 , 1 S.Ct. 240 , 27 L.Ed. 171 (1882); Stanley v. Schwalby, 85 Tex. 348 , 19 S.W. 264 (1892), rev’d on other grounds, 147 U.S. 508 , 13 S.Ct. 418 ,

61961–2012
Imperial Sugar Co. v. Cabell green
texapp · 1915
2 sentences

2009In support, the supreme court cited what it termed “[w]ell-reasoned and authoritative decisions of the Supreme Court of the United States and of the courts of this state supporting] the view that a plea of sovereign immunity by officials of the sovereign will not be sustained in a suit by the owner of land having right of possession when the sovereign has neither title nor right of possession.” Id. at 581-82 (citing United States v. Lee, 106 U.S. 196 , 1 S.Ct. 240 , 27 L.Ed. 171 (1882); Stanley v. Schwalby, 85 Tex. 348 , 19 S.W. 264 (1892), rev’d on other grounds, 147 U.S. 508 , 13 S.Ct. 418 ,

2009In support, the supreme court cited what it termed “[w]ell-reasoned and authoritative decisions of the Supreme Court of the United States and of the courts of this state support[ing] the view that a plea of sovereign immunity by officials of the sovereign will not be sustained in a suit by the owner of land having right of possession when the sovereign has neither title nor right of possession.” Id. at 581-82 (citing United States v. Lee, 106 U.S. 196 (1882); Stanley v. Schwalby, 19 S.W. 264 (Tex. 1892), rev’d on other grounds, 147 U.S. 508 (1893); Imperial Sugar Co. v. Cabell, 179 S.W. 83 (Te

61961–2012
State v. Lain green
tex · 1961
2 sentences

2009In support, the supreme court cited what it termed “[w]ell-reasoned and authoritative decisions of the Supreme Court of the United States and of the courts of this state supporting] the view that a plea of sovereign immunity by officials of the sovereign will not be sustained in a suit by the owner of land having right of possession when the sovereign has neither title nor right of possession.” Id. at 581-82 (citing United States v. Lee, 106 U.S. 196 , 1 S.Ct. 240 , 27 L.Ed. 171 (1882); Stanley v. Schwalby, 85 Tex. 348 , 19 S.W. 264 (1892), rev’d on other grounds, 147 U.S. 508 , 13 S.Ct. 418 ,

2009In support, the supreme court cited what it termed "[w]ell-reasoned and authoritative decisions of the Supreme Court of the United States and of the courts of this state support[ing] the view that a plea of sovereign immunity by officials of the sovereign will not be sustained in a suit by the owner of land having right of possession when the sovereign has neither title nor right of possession." Id. at 581-82 (citing United States v. Lee , 106 U.S. 196 (1882); Stanley v. Schwalby , 19 S.W. 264 (Tex. 1892), rev'd on other grounds , 147 U.S. 508 (1893); Imperial Sugar Co. v. Cabell , 179 S.W. 83

42009–2012
Whatley v. Patten green
· 1895
2 sentences

2012Id. at 581-82 (citing United States v. Lee, 106 U.S. 196 , 1 S.Ct. 240 , 27 L.Ed. 171 (1882); Stanley v. Schwalby, 85 Tex. 348 , 19 S.W. 264 (1892), rev’d on other grounds, 147 U.S. 508 , 13 S.Ct. 418 , 37 L.Ed. 259 (1893); Imperial Sugar Co. v. Cabell, 179 S.W. 83 (Tex.Civ.App.-Galveston 1915, no writ); Whatley v. Patten, 10 Tex.Civ.App. 77 , 31 S.W. 60 (Tex.Civ.App.-Galveston 1895, writ refd)).

2009In support, the supreme court cited what it termed “[w]ell-reasoned and authoritative decisions of the Supreme Court of the United States and of the courts of this state supporting] the view that a plea of sovereign immunity by officials of the sovereign will not be sustained in a suit by the owner of land having right of possession when the sovereign has neither title nor right of possession.” Id. at 581-82 (citing United States v. Lee, 106 U.S. 196 , 1 S.Ct. 240 , 27 L.Ed. 171 (1882); Stanley v. Schwalby, 85 Tex. 348 , 19 S.W. 264 (1892), rev’d on other grounds, 147 U.S. 508 , 13 S.Ct. 418 ,

31961–2012
Stanley v. Schwalby neutral
· 1892
2 sentences

2012Id. at 581-82 (citing United States v. Lee, 106 U.S. 196 , 1 S.Ct. 240 , 27 L.Ed. 171 (1882); Stanley v. Schwalby, 85 Tex. 348 , 19 S.W. 264 (1892), rev’d on other grounds, 147 U.S. 508 , 13 S.Ct. 418 , 37 L.Ed. 259 (1893); Imperial Sugar Co. v. Cabell, 179 S.W. 83 (Tex.Civ.App.-Galveston 1915, no writ); Whatley v. Patten, 10 Tex.Civ.App. 77 , 31 S.W. 60 (Tex.Civ.App.-Galveston 1895, writ refd)).

2009In support, the supreme court cited what it termed “[w]ell-reasoned and authoritative decisions of the Supreme Court of the United States and of the courts of this state supporting] the view that a plea of sovereign immunity by officials of the sovereign will not be sustained in a suit by the owner of land having right of possession when the sovereign has neither title nor right of possession.” Id. at 581-82 (citing United States v. Lee, 106 U.S. 196 , 1 S.Ct. 240 , 27 L.Ed. 171 (1882); Stanley v. Schwalby, 85 Tex. 348 , 19 S.W. 264 (1892), rev’d on other grounds, 147 U.S. 508 , 13 S.Ct. 418 ,

31961–2012
Wedegartner v. Skoruppa green
texapp · 1951
1 sentence

1996The court held that the contractor had a duty of ordinary care and the issue of whether a party is an independent contractor or an agent “may be a question of fact to be determined by a jury.” See also Maryland Casualty v. Scruggs, 277 S.W. 768 (Tex.Civ.App.—Amarillo 1925, writ ref'd); Ross Anglin and Son v. Brennan, 466 S.W.2d 832 (Tex.Civ.App.—Austin 1971, no writ); Wedegartner v. Skoruppa, 236 S.W.2d 216 (Tex.Civ.App.-San Antonio 1951, no writ).

11996–1996
Ross Anglin and Son v. Brennan green
texapp · 1971
1 sentence

1996The court held that the contractor had a duty of ordinary care and the issue of whether a party is an independent contractor or an agent “may be a question of fact to be determined by a jury.” See also Maryland Casualty v. Scruggs, 277 S.W. 768 (Tex.Civ.App.—Amarillo 1925, writ ref'd); Ross Anglin and Son v. Brennan, 466 S.W.2d 832 (Tex.Civ.App.—Austin 1971, no writ); Wedegartner v. Skoruppa, 236 S.W.2d 216 (Tex.Civ.App.-San Antonio 1951, no writ).

11996–1996
Maryland Casualty Co. v. Scruggs neutral
texapp · 1925
1 sentence

1996The court held that the contractor had a duty of ordinary care and the issue of whether a party is an independent contractor or an agent “may be a question of fact to be determined by a jury.” See also Maryland Casualty v. Scruggs, 277 S.W. 768 (Tex.Civ.App.—Amarillo 1925, writ ref'd); Ross Anglin and Son v. Brennan, 466 S.W.2d 832 (Tex.Civ.App.—Austin 1971, no writ); Wedegartner v. Skoruppa, 236 S.W.2d 216 (Tex.Civ.App.-San Antonio 1951, no writ).

11996–1996
Cummins v. Board of Trustees of Eanes Ind. Sch. Dist. green
texapp · 1971
1 sentence

1989Dist., 468 S.W.2d 913 (Tex.Civ.App. — Austin 1971, no writ), the court reversed an abatement of a teacher’s contract suit upon a plea of sovereign immunity holding that: The suit on the contract lies against the school authorities.

11989–1989
Gragg v. Hill green
texapp · 1933
1 sentence

1989Gregg [sic] v. Hill, 58 S.W.2d 150 (Tex.Civ.App. — Waco 1933, er. ref.).

11989–1989
Spencer v. City of Seagoville green
texapp · 1985
1 sentence

1986Monell v. Department of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978); Spencer v. City of Seagoville, 700 S.W.2d 953 (Tex.App.—Dallas, 1985, no writ).

11986–1986
Monell v. New York City Dept. of Social Servs. green
scotus · 1978
2 sentences

1986Monell v. Department of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978); Spencer v. City of Seagoville, 700 S.W.2d 953 (Tex.App.—Dallas, 1985, no writ).

1986Monell v. Department of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978); Spencer v. City of Seagoville, 700 S.W.2d 953 (Tex.App.—Dallas, 1985, no writ).

11986–1986
United States v. Stelter green
texapp · 1977
2 sentences

1978Accordingly we must reverse the judgment of the court of civil appeals. 553 S.W.2d 227 .

1978Accordingly we must reverse the judgment of the court of civil appeals. 553 S.W.2d 227 .

11978–1978

Statutes the citing opinions construe

TX § Tex. Prop. Code § 22.001 (5) TX § Tex. Nat. Res. Code § 11.012 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

VA 37 (1982–2025) TX 10 (1961–2012) KY 5 (1963–2017) FL 2 (1963–1980) TN 2 (1962–1967)

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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