genesis doctrine (Texas) · Go Syfert
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genesis doctrine in Texas

8 Texas opinions name it 1 courts 1981–2015 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 (1)

CaseFollowedCited
East Line & Red River Railroad v. Scottgreen
tex · 1888 · cited in 3 Texas opinions naming this issue, 2005–2005
2 sentences

2005Wood, Theatise on the Law of MasteR & Servant § 272 (1877). *585 The genesis of the doctrine in Texas can be traced to the Texas Supreme Court ruling in East Line and Red River Railroad Company v. Scott, wherein the court, relying on various authorities including Wood’s Rule, stated that “[i]t is very generally, if not uniformly held, when the term of service is left to the discretion of either party, or the term left indefinite, or determinable by either party, that either may put an end to it at will, and so without cause.” 72 Tex. 70 , 10 S.W. 99, 102 (Tex.1888).

2005Wood, Theatise on the Law of MasteR & Servant § 272 (1877). *585 The genesis of the doctrine in Texas can be traced to the Texas Supreme Court ruling in East Line and Red River Railroad Company v. Scott, wherein the court, relying on various authorities including Wood’s Rule, stated that “[i]t is very generally, if not uniformly held, when the term of service is left to the discretion of either party, or the term left indefinite, or determinable by either party, that either may put an end to it at will, and so without cause.” 72 Tex. 70 , 10 S.W. 99, 102 (Tex.1888).

33

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
Texas Department of Public Safety v. Cox Texas Newspapers, L.P. green
tex · 2011
2 sentences

2015Rep. 2267 , 54 Tex. Sup. Ct. J. 1428 (Cite as: 343 S.W.3d 112 ) which the Court relies in withholding the information. facts (discussed in Industrial Foundation and ana- lyzed under the employment file exception, prede- The genesis of the test is a one-page letter ruling cessor to section 552.102) as another “judicial deci- from 1974, that was later expanded in 1977.

2015Rep. 2267 , 54 Tex. Sup. Ct. J. 1428 (Cite as: 343 S.W.3d 112 ) which the Court relies in withholding the information. facts (discussed in Industrial Foundation and ana- lyzed under the employment file exception, prede- The genesis of the test is a one-page letter ruling cessor to section 552.102) as another “judicial deci- from 1974, that was later expanded in 1977.

12015–2015
Charles H. Keating, Jr. v. Office of Thrift Supervision green
ca9 · 1995
1 sentence

2015All Keating, 45 F.3d at 324-25 ). the cases cited here either cite Plumbers and Pipejillers directly, or cite a case that cites Plumbers and Pipejillers.

12015–2015
Davis v. State green
texcrimapp · 1976
2 sentences

1998Davis, 545 S.W.2d at 150 .

1998Davis, 545 S.W.2d at 150 . *764 There are four reasons why the principle, stated in Davis, McClendon, Livingston, and Blessett , that misdemeanors not involving moral turpitude cannot be considered evidence of lack of reformation, may not be controlling: (1) the unfirm foundation of the principle; (2) the distinctions between those cases and this one in terms of the number of misdemeanor convictions and the evenly spaced commissions over such a long period of time; (3) it appears to be contrary to language of Theus that speaks merely of "running afoul of the law"; and (4) it simply does not ma

11998–1998
Cameron v. Terrell & Garrett, Inc. green
tex · 1981
1 sentence

1993The genesis of this rule was the Texas Supreme Court’s holding in Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535 (Tex.1981).

11993–1993
Ex Parte Gallegos green
texcrimapp · 1974
1 sentence

1981The genesis of this standard is traced to MacKenna v. Ellis, 280 F.2d 592 (5th Cir. 1960), cert. denied, 368 U.S. 877 , 82 S.Ct. 121 , 7 L.Ed.2d 78 (1961), [cited with approval in Caraway v. State, 417 S.W.2d 159 (Tex.Cr.App.1967) and Ex parte Gallegos, 511 S.W.2d 510 (Tex.Cr.App.1974)] where the court said: “We interpret the right to counsel as the right to effective counsel.

11981–1981
Caraway v. State green
texcrimapp · 1967
1 sentence

1981The genesis of this standard is traced to MacKenna v. Ellis, 280 F.2d 592 (5th Cir. 1960), cert. denied, 368 U.S. 877 , 82 S.Ct. 121 , 7 L.Ed.2d 78 (1961), [cited with approval in Caraway v. State, 417 S.W.2d 159 (Tex.Cr.App.1967) and Ex parte Gallegos, 511 S.W.2d 510 (Tex.Cr.App.1974)] where the court said: “We interpret the right to counsel as the right to effective counsel.

11981–1981
Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of Corrections green
ca5 · 1960
1 sentence

1981The genesis of this standard is traced to MacKenna v. Ellis, 280 F.2d 592 (5th Cir. 1960), cert. denied, 368 U.S. 877 , 82 S.Ct. 121 , 7 L.Ed.2d 78 (1961), [cited with approval in Caraway v. State, 417 S.W.2d 159 (Tex.Cr.App.1967) and Ex parte Gallegos, 511 S.W.2d 510 (Tex.Cr.App.1974)] where the court said: “We interpret the right to counsel as the right to effective counsel.

11981–1981
Ellis v. MacKenna green
scotus · 1961
1 sentence

1981The genesis of this standard is traced to MacKenna v. Ellis, 280 F.2d 592 (5th Cir. 1960), cert. denied, 368 U.S. 877 , 82 S.Ct. 121 , 7 L.Ed.2d 78 (1961), [cited with approval in Caraway v. State, 417 S.W.2d 159 (Tex.Cr.App.1967) and Ex parte Gallegos, 511 S.W.2d 510 (Tex.Cr.App.1974)] where the court said: “We interpret the right to counsel as the right to effective counsel.

11981–1981

Where else courts name it

CA 29 (1945–2025) NY 14 (1933–2021) NJ 10 (1939–2024) TX 8 (1981–2015) IL 7 (1988–2021) OR 6 (1973–2024) CT 6 (1992–2004) PA 6 (1934–2023) MD 5 (1980–2010) OH 5 (2004–2023) WV 4 (1953–2021) TN 4 (1981–1999) FL 3 (1979–2002) SC 3 (1956–2018) KY 3 (1938–1969) NE 3 (1939–1972) MA 3 (1986–2025) WI 2 (1980–1995) MI 2 (1957–1992) MO 2 (2016–2024) AZ 2 (1993–2000)

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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