excess instruction (Texas) · Go Syfert
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excess instruction in Texas

7 Texas opinions name it 1 courts 1878–2013 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.

Followed or applied (3)

CaseFollowedCited
First International Bank in San Antonio v. Roper Corp.green
tex · 1985 · cited in 2 Texas opinions naming this issue, 1997–2013
2 sentences

2013See First Int’l Bank, 686 S.W.2d at 605 ; Dresser Indus., Inc. v. Lee, 880 S.W.2d 750, 757 (Tex.1993); Acord, 669 S.W.2d at 116 .

1997Acord, 669 S.W.2d at 116 ; see also First Int’l Bank v. Roper Corp., 686 S.W.2d 602, 605 (Tex.1985); Lemos v. Montez, 680 S.W.2d 798, 800 (Tex.1984); Levermann v. Cartall, 393 S.W.2d 931 (Tex.Civ.App.—San Antonio 1965, writ ref'd n.r.e.).

22
Dresser Industries, Inc. v. Leegreen
tex · 1993 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See First Int’l Bank, 686 S.W.2d at 605 ; Dresser Indus., Inc. v. Lee, 880 S.W.2d 750, 757 (Tex.1993); Acord, 669 S.W.2d at 116 .

11
Lemos v. Montezgreen
tex · 1984 · cited in 1 Texas opinions naming this issue, 1997–1997
2 sentences

1997First Int’l Bank, 686 S.W.2d at 605 ; Lemos, 680 S.W.2d at 800 ; Acord, 669 S.W.2d at 116 .

1997Acord, 669 S.W.2d at 116 ; see also First Int’l Bank v. Roper Corp., 686 S.W.2d 602, 605 (Tex.1985); Lemos v. Montez, 680 S.W.2d 798, 800 (Tex.1984); Levermann v. Cartall, 393 S.W.2d 931 (Tex.Civ.App.—San Antonio 1965, writ ref'd n.r.e.).

11

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 (10)

CaseCitedYears
Acord v. General Motors Corp. green
tex · 1984
2 sentences

2013See First Int’l Bank, 686 S.W.2d at 605 ; Dresser Indus., Inc. v. Lee, 880 S.W.2d 750, 757 (Tex.1993); Acord, 669 S.W.2d at 116 .

1997Acord, 669 S.W.2d at 116 ; see also First Int’l Bank v. Roper Corp., 686 S.W.2d 602, 605 (Tex.1985); Lemos v. Montez, 680 S.W.2d 798, 800 (Tex.1984); Levermann v. Cartall, 393 S.W.2d 931 (Tex.Civ.App.—San Antonio 1965, writ ref'd n.r.e.).

21997–2013
HARDWARE DEALERS MUT. F. INS. CO. v. Farmers Ins. Exch. green
tex · 1969
2 sentences

2009Exch., the Texas Supreme Court recognized that with regard to automobile insurance, three kinds of “other insurance” clauses have developed as devices to limit coverage or liability: (1) a pro rata clause, which restricts liability upon concurring insurers to an apportionment basis, (2) an excess clause, which restricts liability upon an insurer to excess coverage after another insurer has paid up to its policy limits, and (3) an escape clause, which avoids all liability if other insurance exists. 444 S.W.2d 583 , 586 (Tex.1969).

2009Exch., the Texas Supreme Court recognized that with regard to automobile insurance, three kinds of “other insurance” clauses have developed as devices to limit coverage or liability: (1) a pro rata clause, which restricts liability upon concurring insurers to an apportionment basis, (2) an excess clause, which restricts liability upon an insurer to excess coverage after another insurer has paid up to its policy limits, and (3) an escape clause, which -5- 04-09-00322-CV avoids all liability if other insurance exists. 444 S.W.2d 583 , 586 (Tex. 1969).

22009–2009
Great American Indemnity Co. v. McMenamin neutral
texapp · 1939
2 sentences

1968Great American Ind. Co. v. McMenamin, Tex.Civ.App., 134 S.W.2d 734 (wr. dism. correct judg.); Citizens Mutual Auto.

1966Great American Ind. Co. v. McMenamin, Tex.Civ.App., 134 S.W.2d 734 (wr. dism. correct judg.); Citizens Mutual Auto.

21966–1968
Levermann v. Cartall green
texapp · 1965
1 sentence

1997Acord, 669 S.W.2d at 116 ; see also First Int’l Bank v. Roper Corp., 686 S.W.2d 602, 605 (Tex.1985); Lemos v. Montez, 680 S.W.2d 798, 800 (Tex.1984); Levermann v. Cartall, 393 S.W.2d 931 (Tex.Civ.App.—San Antonio 1965, writ ref'd n.r.e.).

11997–1997
Egery v. Power neutral
· 1851
1 sentence

1878Dig. art. 3446.] Presiding Judge Ector cites and reviews the following cases in which the plea in reconvention was held good, viz.: Thomas v. Hill, 3 Tex. 270 ; Egery v. Power, 5 Tex. 501 ; Walcott v. Hendrick, 6 Tex. 406 ; Sterrett v. City of Houston, 14 Tex. 153 ; and the cases of Carothers v. Thorp, 21 Tex. 358 , and Pierson v. Kirsh, 46 Tex. 26 , where the pleas were held bad; and he evolves from these cases the rule that the matter pleaded in reconvention must have grown out of, or be in some way connected with or incidental to, the main action.

11878–1878
Walcott v. Hendrick neutral
· 1851
1 sentence

1878Dig. art. 3446.] Presiding Judge Ector cites and reviews the following cases in which the plea in reconvention was held good, viz.: Thomas v. Hill, 3 Tex. 270 ; Egery v. Power, 5 Tex. 501 ; Walcott v. Hendrick, 6 Tex. 406 ; Sterrett v. City of Houston, 14 Tex. 153 ; and the cases of Carothers v. Thorp, 21 Tex. 358 , and Pierson v. Kirsh, 46 Tex. 26 , where the pleas were held bad; and he evolves from these cases the rule that the matter pleaded in reconvention must have grown out of, or be in some way connected with or incidental to, the main action.

11878–1878
Sterrett v. City of Houston neutral
· 1855
1 sentence

1878Dig. art. 3446.] Presiding Judge Ector cites and reviews the following cases in which the plea in reconvention was held good, viz.: Thomas v. Hill, 3 Tex. 270 ; Egery v. Power, 5 Tex. 501 ; Walcott v. Hendrick, 6 Tex. 406 ; Sterrett v. City of Houston, 14 Tex. 153 ; and the cases of Carothers v. Thorp, 21 Tex. 358 , and Pierson v. Kirsh, 46 Tex. 26 , where the pleas were held bad; and he evolves from these cases the rule that the matter pleaded in reconvention must have grown out of, or be in some way connected with or incidental to, the main action.

11878–1878
Thomas v. Hill green
tex · 1848
1 sentence

1878Dig. art. 3446.] Presiding Judge Ector cites and reviews the following cases in which the plea in reconvention was held good, viz.: Thomas v. Hill, 3 Tex. 270 ; Egery v. Power, 5 Tex. 501 ; Walcott v. Hendrick, 6 Tex. 406 ; Sterrett v. City of Houston, 14 Tex. 153 ; and the cases of Carothers v. Thorp, 21 Tex. 358 , and Pierson v. Kirsh, 46 Tex. 26 , where the pleas were held bad; and he evolves from these cases the rule that the matter pleaded in reconvention must have grown out of, or be in some way connected with or incidental to, the main action.

11878–1878
Carothers v. Thorp neutral
tex · 1858
1 sentence

1878Dig. art. 3446.] Presiding Judge Ector cites and reviews the following cases in which the plea in reconvention was held good, viz.: Thomas v. Hill, 3 Tex. 270 ; Egery v. Power, 5 Tex. 501 ; Walcott v. Hendrick, 6 Tex. 406 ; Sterrett v. City of Houston, 14 Tex. 153 ; and the cases of Carothers v. Thorp, 21 Tex. 358 , and Pierson v. Kirsh, 46 Tex. 26 , where the pleas were held bad; and he evolves from these cases the rule that the matter pleaded in reconvention must have grown out of, or be in some way connected with or incidental to, the main action.

11878–1878
Pinson v. Kirsh neutral
tex · 1876
1 sentence

1878Dig. art. 3446.] Presiding Judge Ector cites and reviews the following cases in which the plea in reconvention was held good, viz.: Thomas v. Hill, 3 Tex. 270 ; Egery v. Power, 5 Tex. 501 ; Walcott v. Hendrick, 6 Tex. 406 ; Sterrett v. City of Houston, 14 Tex. 153 ; and the cases of Carothers v. Thorp, 21 Tex. 358 , and Pierson v. Kirsh, 46 Tex. 26 , where the pleas were held bad; and he evolves from these cases the rule that the matter pleaded in reconvention must have grown out of, or be in some way connected with or incidental to, the main action.

11878–1878

Where else courts name it

CA 27 (1959–2013) IL 18 (1893–2015) MI 16 (1884–2023) MO 11 (1960–2019) NJ 10 (1959–2018) NY 9 (1970–2025) CO 9 (1978–2011) AZ 9 (1971–2000) MD 9 (1966–1999) PA 8 (1929–1988) LA 8 (1925–2018) OH 8 (1945–2025) TX 7 (1878–2013) OK 7 (1918–2000) NC 6 (1972–2014) IA 6 (1962–1998) MN 6 (1983–1994) FL 6 (1963–2010) KY 5 (1989–2024) WI 5 (1982–2014) MS 5 (1963–2017) WA 4 (1965–2011) CT 4 (1896–1994) GA 3 (2019–2020) IN 3 (1997–2007) MA 3 (2002–2015) NH 3 (2003–2016) KS 2 (1926–1988) RI 2 (1992–1997) OR 2 (1968–1992) TN 2 (1974–1996) DC 2 (1980–1981) WV 2 (1900–1993) SC 2 (1972–2019)

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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