general application rule (Texas) · Go Syfert
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general application rule in Texas

7 Texas opinions name it 3 courts 1917–2010 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
Lane v. Stategreen
texcrimapp · 2004 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010We have found that the general application of this rule has not proven to be burdensome for defense counsel in many cases. 8 Id. at 717–18 (emphasis added and footnote omitted); see Lane v. State, 151 S.W.3d 188, 193 (Tex. Crim.

11
Long v. Stategreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010App. 2004) (relying on Leday to overrule an evidentiary issue); see also Long v. State, 10 S.W.3d 389, 399 (Tex. App.— Texarkana 2000, pet. ref‘d) (explaining that the requirement of objecting each time inadmissible evidence is offered ―remains true with regard to testimony regarding polygraph examination results‖).

11
Ethington v. Stategreen
texcrimapp · 1991 · cited in 1 Texas opinions naming this issue, 1998–1998
2 sentences

1998Ethington v. State, 819 S.W.2d 854, 858 (Tex.Cr.App.1991).

1998Ethington v. State, 819 S.W.2d 854, 858 (Tex.Cr.App.1991).

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 (18)

CaseCitedYears
In re Supreme Court Commissioners neutral
neb · 1893
2 sentences

1917Illustrating the general application of the principle just stated, which is in line with the above mentioned decisions of the Supreme Court of Texas in Henderson v. Beaton, 52 Texas, 29 , and Stone v. Brown, 54 Texas, 330 , upholding the validity of our former Commission of Appeals statutes, are the following decisions of other States: In re Supreme Court Commissioners, 37 Neb., 655 , 56 N. W., 298 ; State v. Noble, 118 Ind., 350 , supra; People ex rel.

1917Illustrating the general application of the principle just stated, which is in line with the above mentioned decisions of the Supreme Court of Texas in Henderson v. Beaton, 52 Texas, 29 , and Stone v. Brown, 54 Texas, 330 , upholding the validity of our former Commission of Appeals statutes, are the following decisions of other States: In re Supreme Court Commissioners, 37 Neb., 655 , 56 N. W., 298 ; State v. Noble, 118 Ind., 350 , supra; People ex rel.

21917–1917
Henderson v. Beaton green
tex · 1879
2 sentences

1917Illustrating the general application of the principle just stated, which is in line with the above-mentioned decisions of the Supreme Court of Texas in Henderson v. Beaton, 52 Tex. 29 , and Stone v. Brown, 54 Tex. 830 . upholding the validity of our former Commission of appeals statutes, are the following decisions of other states: In re Supreme Court Commissioners, 37 Neb. 655 , 56 N. W. 298 ; State v. Noble, 118 Ind. 350 , 21 N. E. 244 , 4 L.

1917Illustrating the general application of the principle just stated, which is in line with the above mentioned decisions of the Supreme Court of Texas in Henderson v. Beaton, 52 Texas, 29 , and Stone v. Brown, 54 Texas, 330 , upholding the validity of our former Commission of Appeals statutes, are the following decisions of other States: In re Supreme Court Commissioners, 37 Neb., 655 , 56 N. W., 298 ; State v. Noble, 118 Ind., 350 , supra; People ex rel.

21917–1917
State ex rel. Hovey v. Noble green
ind · 1889
2 sentences

1917Illustrating the general application of the principle just stated, which is in line with the above-mentioned decisions of the Supreme Court of Texas in Henderson v. Beaton, 52 Tex. 29 , and Stone v. Brown, 54 Tex. 830 . upholding the validity of our former Commission of appeals statutes, are the following decisions of other states: In re Supreme Court Commissioners, 37 Neb. 655 , 56 N. W. 298 ; State v. Noble, 118 Ind. 350 , 21 N. E. 244 , 4 L.

1917Illustrating the general application of the principle just stated, which is in line with the above mentioned decisions of the Supreme Court of Texas in Henderson v. Beaton, 52 Texas, 29 , and Stone v. Brown, 54 Texas, 330 , upholding the validity of our former Commission of Appeals statutes, are the following decisions of other States: In re Supreme Court Commissioners, 37 Neb., 655 , 56 N. W., 298 ; State v. Noble, 118 Ind., 350 , supra; People ex rel.

21917–1917
Southern Pacific Company v. Jensen red
scotus · 1916
2 sentences

1994Id. at-, 114 S.Ct. at 987 . 7 Consequently, the Court held that “Louisiana’s refusal to apply forum non conveniens does not, therefore, work ‘material prejudice to [a] characteristic featur[e] of the general maritime law.’ ” Id. at -, 114 S.Ct. at 983 (quoting Southern Pacific Co. v. Jensen, 244 U.S. at 216 , 37 S.Ct. at 529 ).

1994Id. at-, 114 S.Ct. at 987 . 7 Consequently, the Court held that “Louisiana’s refusal to apply forum non conveniens does not, therefore, work ‘material prejudice to [a] characteristic featur[e] of the general maritime law.’ ” Id. at -, 114 S.Ct. at 983 (quoting Southern Pacific Co. v. Jensen, 244 U.S. at 216 , 37 S.Ct. at 529 ).

11994–1994
Canada Malting Co. v. Paterson Steamships, Ltd. green
scotus · 1932
1 sentence

1994Id. at-, 114 S.Ct. at 987 . 7 Consequently, the Court held that “Louisiana’s refusal to apply forum non conveniens does not, therefore, work ‘material prejudice to [a] characteristic featur[e] of the general maritime law.’ ” Id. at -, 114 S.Ct. at 983 (quoting Southern Pacific Co. v. Jensen, 244 U.S. at 216 , 37 S.Ct. at 529 ).

11994–1994
American Dredging Co. v. Miller green
scotus · 1994
2 sentences

1994Id. at-, 114 S.Ct. at 987 . 7 Consequently, the Court held that “Louisiana’s refusal to apply forum non conveniens does not, therefore, work ‘material prejudice to [a] characteristic featur[e] of the general maritime law.’ ” Id. at -, 114 S.Ct. at 983 (quoting Southern Pacific Co. v. Jensen, 244 U.S. at 216 , 37 S.Ct. at 529 ).

1994Id. at-, 114 S.Ct. at 987 . 7 Consequently, the Court held that “Louisiana’s refusal to apply forum non conveniens does not, therefore, work ‘material prejudice to [a] characteristic featur[e] of the general maritime law.’ ” Id. at -, 114 S.Ct. at 983 (quoting Southern Pacific Co. v. Jensen, 244 U.S. at 216 , 37 S.Ct. at 529 ).

11994–1994
Moore v. Moore neutral
texapp · 1927
1 sentence

1943It has been approved and applied in Texas in suits involving heir-ship (Pinkard v. Pinkard, Tex.Civ.App., 252 S.W. 265—dicta, Moore v. Moore, Tex.Civ.App., 299 S.W. 653 and United States Fidelity & Guaranty Co. v. Henderson, Tex.Civ.App., 53 S.W.2d 811 , involving workman’s compensation), incest prosecutions (Simon v. State, 31 Tex.Cr.R. 186 , 20 S.W. 399 , 37 Am.St.Rep. 802 , and Foot v. State, 65 Tex.Cr.R. 368 , 144 S.W. 275 , Ann.Cas.1916A, 1184), and prosecutions for child abandonment (Hicks v. State, 97 Tex.Cr.R. 629 , 263 S.W. 291 , and Lambert v. State, 124 Tex.Cr.R. 33 , 60 S.W.2d 460

11943–1943
Simon v. State neutral
· 1892
2 sentences

1943It has been approved and applied in Texas in suits involving heir-ship (Pinkard v. Pinkard, Tex.Civ.App., 252 S.W. 265—dicta, Moore v. Moore, Tex.Civ.App., 299 S.W. 653 and United States Fidelity & Guaranty Co. v. Henderson, Tex.Civ.App., 53 S.W.2d 811 , involving workman’s compensation), incest prosecutions (Simon v. State, 31 Tex.Cr.R. 186 , 20 S.W. 399 , 37 Am.St.Rep. 802 , and Foot v. State, 65 Tex.Cr.R. 368 , 144 S.W. 275 , Ann.Cas.1916A, 1184), and prosecutions for child abandonment (Hicks v. State, 97 Tex.Cr.R. 629 , 263 S.W. 291 , and Lambert v. State, 124 Tex.Cr.R. 33 , 60 S.W.2d 460

1943It has been approved and applied in Texas in suits involving heir-ship (Pinkard v. Pinkard, Tex.Civ.App., 252 S.W. 265—dicta, Moore v. Moore, Tex.Civ.App., 299 S.W. 653 and United States Fidelity & Guaranty Co. v. Henderson, Tex.Civ.App., 53 S.W.2d 811 , involving workman’s compensation), incest prosecutions (Simon v. State, 31 Tex.Cr.R. 186 , 20 S.W. 399 , 37 Am.St.Rep. 802 , and Foot v. State, 65 Tex.Cr.R. 368 , 144 S.W. 275 , Ann.Cas.1916A, 1184), and prosecutions for child abandonment (Hicks v. State, 97 Tex.Cr.R. 629 , 263 S.W. 291 , and Lambert v. State, 124 Tex.Cr.R. 33 , 60 S.W.2d 460

11943–1943
Lambert v. State neutral
texcrimapp · 1933
2 sentences

1943It has been approved and applied in Texas in suits involving heir-ship (Pinkard v. Pinkard, Tex.Civ.App., 252 S.W. 265—dicta, Moore v. Moore, Tex.Civ.App., 299 S.W. 653 and United States Fidelity & Guaranty Co. v. Henderson, Tex.Civ.App., 53 S.W.2d 811 , involving workman’s compensation), incest prosecutions (Simon v. State, 31 Tex.Cr.R. 186 , 20 S.W. 399 , 37 Am.St.Rep. 802 , and Foot v. State, 65 Tex.Cr.R. 368 , 144 S.W. 275 , Ann.Cas.1916A, 1184), and prosecutions for child abandonment (Hicks v. State, 97 Tex.Cr.R. 629 , 263 S.W. 291 , and Lambert v. State, 124 Tex.Cr.R. 33 , 60 S.W.2d 460

1943It has been approved and applied in Texas in suits involving heir-ship (Pinkard v. Pinkard, Tex.Civ.App., 252 S.W. 265—dicta, Moore v. Moore, Tex.Civ.App., 299 S.W. 653 and United States Fidelity & Guaranty Co. v. Henderson, Tex.Civ.App., 53 S.W.2d 811 , involving workman’s compensation), incest prosecutions (Simon v. State, 31 Tex.Cr.R. 186 , 20 S.W. 399 , 37 Am.St.Rep. 802 , and Foot v. State, 65 Tex.Cr.R. 368 , 144 S.W. 275 , Ann.Cas.1916A, 1184), and prosecutions for child abandonment (Hicks v. State, 97 Tex.Cr.R. 629 , 263 S.W. 291 , and Lambert v. State, 124 Tex.Cr.R. 33 , 60 S.W.2d 460

11943–1943
Foote v. State neutral
texcrimapp · 1912
2 sentences

1943It has been approved and applied in Texas in suits involving heir-ship (Pinkard v. Pinkard, Tex.Civ.App., 252 S.W. 265—dicta, Moore v. Moore, Tex.Civ.App., 299 S.W. 653 and United States Fidelity & Guaranty Co. v. Henderson, Tex.Civ.App., 53 S.W.2d 811 , involving workman’s compensation), incest prosecutions (Simon v. State, 31 Tex.Cr.R. 186 , 20 S.W. 399 , 37 Am.St.Rep. 802 , and Foot v. State, 65 Tex.Cr.R. 368 , 144 S.W. 275 , Ann.Cas.1916A, 1184), and prosecutions for child abandonment (Hicks v. State, 97 Tex.Cr.R. 629 , 263 S.W. 291 , and Lambert v. State, 124 Tex.Cr.R. 33 , 60 S.W.2d 460

1943It has been approved and applied in Texas in suits involving heir-ship (Pinkard v. Pinkard, Tex.Civ.App., 252 S.W. 265—dicta, Moore v. Moore, Tex.Civ.App., 299 S.W. 653 and United States Fidelity & Guaranty Co. v. Henderson, Tex.Civ.App., 53 S.W.2d 811 , involving workman’s compensation), incest prosecutions (Simon v. State, 31 Tex.Cr.R. 186 , 20 S.W. 399 , 37 Am.St.Rep. 802 , and Foot v. State, 65 Tex.Cr.R. 368 , 144 S.W. 275 , Ann.Cas.1916A, 1184), and prosecutions for child abandonment (Hicks v. State, 97 Tex.Cr.R. 629 , 263 S.W. 291 , and Lambert v. State, 124 Tex.Cr.R. 33 , 60 S.W.2d 460

11943–1943
United States Fidelity & Guaranty Co. v. Henderson green
texapp · 1932
1 sentence

1943It has been approved and applied in Texas in suits involving heir-ship (Pinkard v. Pinkard, Tex.Civ.App., 252 S.W. 265—dicta, Moore v. Moore, Tex.Civ.App., 299 S.W. 653 and United States Fidelity & Guaranty Co. v. Henderson, Tex.Civ.App., 53 S.W.2d 811 , involving workman’s compensation), incest prosecutions (Simon v. State, 31 Tex.Cr.R. 186 , 20 S.W. 399 , 37 Am.St.Rep. 802 , and Foot v. State, 65 Tex.Cr.R. 368 , 144 S.W. 275 , Ann.Cas.1916A, 1184), and prosecutions for child abandonment (Hicks v. State, 97 Tex.Cr.R. 629 , 263 S.W. 291 , and Lambert v. State, 124 Tex.Cr.R. 33 , 60 S.W.2d 460

11943–1943
Hicks v. State green
texcrimapp · 1924
2 sentences

1943It has been approved and applied in Texas in suits involving heir-ship (Pinkard v. Pinkard, Tex.Civ.App., 252 S.W. 265—dicta, Moore v. Moore, Tex.Civ.App., 299 S.W. 653 and United States Fidelity & Guaranty Co. v. Henderson, Tex.Civ.App., 53 S.W.2d 811 , involving workman’s compensation), incest prosecutions (Simon v. State, 31 Tex.Cr.R. 186 , 20 S.W. 399 , 37 Am.St.Rep. 802 , and Foot v. State, 65 Tex.Cr.R. 368 , 144 S.W. 275 , Ann.Cas.1916A, 1184), and prosecutions for child abandonment (Hicks v. State, 97 Tex.Cr.R. 629 , 263 S.W. 291 , and Lambert v. State, 124 Tex.Cr.R. 33 , 60 S.W.2d 460

1943It has been approved and applied in Texas in suits involving heir-ship (Pinkard v. Pinkard, Tex.Civ.App., 252 S.W. 265—dicta, Moore v. Moore, Tex.Civ.App., 299 S.W. 653 and United States Fidelity & Guaranty Co. v. Henderson, Tex.Civ.App., 53 S.W.2d 811 , involving workman’s compensation), incest prosecutions (Simon v. State, 31 Tex.Cr.R. 186 , 20 S.W. 399 , 37 Am.St.Rep. 802 , and Foot v. State, 65 Tex.Cr.R. 368 , 144 S.W. 275 , Ann.Cas.1916A, 1184), and prosecutions for child abandonment (Hicks v. State, 97 Tex.Cr.R. 629 , 263 S.W. 291 , and Lambert v. State, 124 Tex.Cr.R. 33 , 60 S.W.2d 460

11943–1943
Pinkard v. Pinkard green
texapp · 1923
1 sentence

1943It has been approved and applied in Texas in suits involving heir-ship (Pinkard v. Pinkard, Tex.Civ.App., 252 S.W. 265—dicta, Moore v. Moore, Tex.Civ.App., 299 S.W. 653 and United States Fidelity & Guaranty Co. v. Henderson, Tex.Civ.App., 53 S.W.2d 811 , involving workman’s compensation), incest prosecutions (Simon v. State, 31 Tex.Cr.R. 186 , 20 S.W. 399 , 37 Am.St.Rep. 802 , and Foot v. State, 65 Tex.Cr.R. 368 , 144 S.W. 275 , Ann.Cas.1916A, 1184), and prosecutions for child abandonment (Hicks v. State, 97 Tex.Cr.R. 629 , 263 S.W. 291 , and Lambert v. State, 124 Tex.Cr.R. 33 , 60 S.W.2d 460

11943–1943
Johns v. Montgomery green
ill · 1914
1 sentence

1936The principle of the rule is well stated in ’ Restatement .of the Law of Trusts, § 167, p.. 415, as follows: “The court'will direct or permit the trustee1 to deviate from a term of the trust if owing to circumstances not known to the settlor and not anticipated by him compliance would defeat or substantially impair the accomplishmérit of the purposes of the trust; and in such case, if necessary to carry out the purposes of the trust, the court may direct or permit the trustee to do. acts which, are not authorized or are forbidden by the' terms of the trust.” This rule was recognized in Texas i

11936–1936
Lueft v. Lueft neutral
· 1906
2 sentences

1936The principle of the rule is well stated in ’ Restatement .of the Law of Trusts, § 167, p.. 415, as follows: “The court'will direct or permit the trustee1 to deviate from a term of the trust if owing to circumstances not known to the settlor and not anticipated by him compliance would defeat or substantially impair the accomplishmérit of the purposes of the trust; and in such case, if necessary to carry out the purposes of the trust, the court may direct or permit the trustee to do. acts which, are not authorized or are forbidden by the' terms of the trust.” This rule was recognized in Texas i

1936The principle of the rule is well stated in ’ Restatement .of the Law of Trusts, § 167, p.. 415, as follows: “The court'will direct or permit the trustee1 to deviate from a term of the trust if owing to circumstances not known to the settlor and not anticipated by him compliance would defeat or substantially impair the accomplishmérit of the purposes of the trust; and in such case, if necessary to carry out the purposes of the trust, the court may direct or permit the trustee to do. acts which, are not authorized or are forbidden by the' terms of the trust.” This rule was recognized in Texas i

11936–1936
González v. Rosado green
prsupreme · 1915
1 sentence

1917Morgan v. Hayne, 83 Cal., 111 , 23 Pac., 1 , 17 Am.

11917–1917
People ex rel. Morgan v. Hayne green
cal · 1890
1 sentence

1917Morgan v. Hayne, 83 Cal., 111 , 23 Pac., 1 , 17 Am.

11917–1917
Stone v. Brown green
tex · 1881
1 sentence

1917Illustrating the general application of the principle just stated, which is in line with the above mentioned decisions of the Supreme Court of Texas in Henderson v. Beaton, 52 Texas, 29 , and Stone v. Brown, 54 Texas, 330 , upholding the validity of our former Commission of Appeals statutes, are the following decisions of other States: In re Supreme Court Commissioners, 37 Neb., 655 , 56 N. W., 298 ; State v. Noble, 118 Ind., 350 , supra; People ex rel.

11917–1917

Where else courts name it

TX 7 (1917–2010) NY 7 (1890–1980) MS 5 (2006–2017) WI 4 (2000–2025) FL 4 (1996–2017) CA 4 (1919–2021) IL 3 (1931–1994) DE 3 (1963–1981) VA 2 (1996–2006) IA 2 (1876–1927) AK 2 (1997–2001) MI 2 (1928–2019) MA 2 (1892–2011) KY 2 (1873–1953)

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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