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7 Texas opinions name it 3 courts 1911–2013 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 |
|---|---|---|
City of Minneapolis v. Altimusgreen1 sentence2013PERKINS & RONALD N. BOYCE , CRIMINAL LAW 1001 (3rd edition 1982). 12 City of Minneapolis v. Altimus, 238 N.W.2d 851, 855-56 (Minn. 1976) (quoting 1 HALE , HISTORY OF THE PLEAS OF THE CROWN 32 (1778) and concluding that “[t]he defense of involuntary intoxication has long been recognized by the courts in England and the United States); see generally, Singh, History of the Defense of Drunkenness in English Criminal Law, 49 LQ Rev 528, 533 (1933) (cited in Phillip E. | 1 | 1 |
Carter v. Stategreen1 sentence2013The early common-law doctrine of “involuntary intoxication”12 relieved a person of criminal responsibility if, because of involuntary intoxication, he was temporarily rendered legally insane at the time he committed the offense.13 Involuntary intoxication is sometimes described as “innocent intoxication” because the defendant is without moral fault or blameworthiness for his condition.14 The law does not criminalize conduct that is entirely 10 Carter v. State, 12 Tex. 500, 506 (1854) (“There would be no security for life or property if men could commit crimes with impunity, provided they would | 1 | 1 |
State v. Akin Products Companygreen2 sentences2005Co., 286 S.W.2d at 111 (“The early common-law doctrine of duress has been expanded and many courts have adopted the modern doctrine of ‘business compulsion’ .... ”); see also Ward v. Scarborough, 236 S.W. 434, 437 (Tex.Com.App.1922). 2005Co., 286 S.W.2d at 111 ("The early common-law doctrine of duress has been expanded and many courts have adopted the modern doctrine of `business compulsion' . . . ."); see also Ward v. Scarborough, 236 S.W. 434, 437 (Tex.Com.App. 1922). | 1 | 1 |
Ward v. Scarboroughgreen2 sentences2005Co., 286 S.W.2d at 111 (“The early common-law doctrine of duress has been expanded and many courts have adopted the modern doctrine of ‘business compulsion’ .... ”); see also Ward v. Scarborough, 236 S.W. 434, 437 (Tex.Com.App.1922). 2005Co., 286 S.W.2d at 111 ("The early common-law doctrine of duress has been expanded and many courts have adopted the modern doctrine of `business compulsion' . . . ."); see also Ward v. Scarborough, 236 S.W. 434, 437 (Tex.Com.App. 1922). | 1 | 1 |
Home Insurance Co. New York v. Rosegreen2 sentences1971Co., New York v. Rose, 152 Tex. 222 , 255 S.W.2d 861, 862-63 (1953). 1971Co., New York v. Rose, 152 Tex. 222 , 255 S.W.2d 861, 862-63 (1953). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Crow v. City of Corpus Christi
green
2 sentences1956“The compulsion upon the plaintiffs to pay the taxes is similar to that discussed in Crow v. City of Corpus Christi, 146 Texas 558 , 209 S.W. 2d 922 , where the Court said: “ ‘The early common-law doctrine of duress has been expanded ( 17 Am. 1956“The compulsion upon the plaintiffs to pay the taxes is similar to that discussed in Crow v. City of Corpus Christi, 146 Texas 558 , 209 S.W. 2d 922 , where the Court said: “ ‘The early common-law doctrine of duress has been expanded ( 17 Am. | 2 | 1955–1956 |
Wells v. Houston
green
2 sentences1950As said by this court, through Justice Neill, in Wells v. Houston, 23 Tex.Civ.App. 629 , 57 S.W. 584 : ‘To avoid a contract on this ground, the obligor must have been so drunk as to have dethroned reason, memory, and judgment, and impaired his mental faculties to an extent that would render him non compos mentis for the time being, especially where there is no pretense that any person connected with the transaction aided in or procured the drunkenness.’ ”, This rule is" more restricted to annul .a marriage than where applicable to contracts in general. 1950As said by this court, through Justice Neill, in Wells v. Houston, 23 Tex.Civ.App. 629 , 57 S.W. 584 : ‘To avoid a contract on this ground, the obligor must have been so drunk as to have dethroned reason, memory, and judgment, and impaired his mental faculties to an extent that would render him non compos mentis for the time being, especially where there is no pretense that any person connected with the transaction aided in or procured the drunkenness.’ ”, This rule is" more restricted to annul .a marriage than where applicable to contracts in general. | 2 | 1911–1950 |
Austin Nat. Bank v. Sheppard
green
1 sentence1955A view similar to that of ‘business compulsion’ has been taken by our courts in cases involving the recovery of illegal taxes or fees; and ‘it is immaterial to the right of repayment,’ in the absence of statutory provision to that effect, ‘whether or not an illegal tax is paid under protest.’ National Biscuit Co. v. State, supra; Austin National Bank v. Sheppard, 123 Tex. 272 , 71 S.W.2d 242 ; Cooley on Taxation, Vol. 3 (4th Ed.) p. 2566." The judgment is affirmed. | 1 | 1955–1955 |
Austin National Bank v. Sheppard
green
1 sentence1955A view similar to that of ‘business compulsion’ has been taken by our courts in cases involving the recovery of illegal taxes or fees; and ‘it is immaterial to the right of repayment,’ in the absence of statutory provision to that effect, ‘whether or not an illegal tax is paid under protest.’ National Biscuit Co. v. State, supra; Austin National Bank v. Sheppard, 123 Tex. 272 , 71 S.W.2d 242 ; Cooley on Taxation, Vol. 3 (4th Ed.) p. 2566." The judgment is affirmed. | 1 | 1955–1955 |
Dewitt v. Bowers
neutral
2 sentences1950In De Witt v. Bowers, Tex.Civ.App., 138 S.W. 1147, 1149 , the rule is stated: “* * * jjis contract cannot be avoided, in other words, unless his drunkenness was of such a character that he did not know its true intent or meaning, which is an amelioration of the early common-law rule that asserted that a contract entered into by an intoxicated person was binding upon him. 1950App., 138 S.W. 1147, 1149 , the rule is stated: "* * * His contract cannot be avoided, in other words, unless his drunkenness was of such a character that he did not know its true intent or meaning, which is an amelioration of the early common-law rule that asserted that a contract entered into by an intoxicated person was binding upon him. | 1 | 1950–1950 |
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.