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

7 Texas opinions name it 3 courts 1880–2000 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
Durish v. TEXAS STATE BOARD OF INS.green
texapp · 1991 · cited in 1 Texas opinions naming this issue, 1997–1997
1 sentence

1997Without doubt, “[t]he constitution is the highest law of the state, and all public officials are sworn to uphold and defend it.” Durish v. Texas State Bd. of Ins., 817 S.W.2d at 767.

11
Protestant Episcopal Church Council of the Diocese of Texas v. McKinneygreen
texapp · 1960 · cited in 1 Texas opinions naming this issue, 1972–1972
2 sentences

1972In Cowling v. Colligan, 158 Tex. 458 , 312 S.W.2d 943, 946 (1958), the court said: “The authorities are uniform in declaring that the erection of a church violates a covenant restricting the use of property for residential purposes.” This case was followed by Protestant Episcopal Church Council v. McKinney, 339 S.W.2d 400, 403 (Tex.Civ.App., Eastland, 1960, error ref.), wherein the court, recognizing the general rule advanced by defendant in our case, continued, saying: “However, an exception to the above stated general rule is found in cases holding that a covenant restricting the use of land

1972In Cowling v. Colligan, 158 Tex. 458 , 312 S.W.2d 943, 946 (1958), the court said: “The authorities are uniform in declaring that the erection of a church violates a covenant restricting the use of property for residential purposes.” This case was followed by Protestant Episcopal Church Council v. McKinney, 339 S.W.2d 400, 403 (Tex.Civ.App., Eastland, 1960, error ref.), wherein the court, recognizing the general rule advanced by defendant in our case, continued, saying: “However, an exception to the above stated general rule is found in cases holding that a covenant restricting the use of land

11
Cowling v. Colligangreen
tex · 1958 · cited in 1 Texas opinions naming this issue, 1972–1972
2 sentences

1972In Cowling v. Colligan, 158 Tex. 458 , 312 S.W.2d 943, 946 (1958), the court said: “The authorities are uniform in declaring that the erection of a church violates a covenant restricting the use of property for residential purposes.” This case was followed by Protestant Episcopal Church Council v. McKinney, 339 S.W.2d 400, 403 (Tex.Civ.App., Eastland, 1960, error ref.), wherein the court, recognizing the general rule advanced by defendant in our case, continued, saying: “However, an exception to the above stated general rule is found in cases holding that a covenant restricting the use of land

1972In Cowling v. Colligan, 158 Tex. 458 , 312 S.W.2d 943, 946 (1958), the court said: “The authorities are uniform in declaring that the erection of a church violates a covenant restricting the use of property for residential purposes.” This case was followed by Protestant Episcopal Church Council v. McKinney, 339 S.W.2d 400, 403 (Tex.Civ.App., Eastland, 1960, error ref.), wherein the court, recognizing the general rule advanced by defendant in our case, continued, saying: “However, an exception to the above stated general rule is found in cases holding that a covenant restricting the use of land

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 (8)

CaseCitedYears
Sv v. Rv green
tex · 1996
1 sentence

2000Id.

12000–2000
Murphy v. State green
texapp · 1985
1 sentence

1986The Murphy court observed that, “[t]he Court of Criminal Appeals has tolerated departure from the stated general rule (that evidence of unadjudicated extraneous offenses is inadmissible under article 37.07) only where the defendant has created a false impression before the jury.” 700 S.W.2d at 749 .

11986–1986
Vernon v. State Ex Rel. City of San Antonio green
texapp · 1966
1 sentence

1977Sharber v. Florence, 131 Tex. 341 , 115 S.W.2d 604 (1938); Empire Gas & Fuel Co. v. State, 121 Tex. 138 , 47 S.W.2d 265 (1932); Vernon v. State, 406 S.W.2d 236 (Tex.Civ.App.—Corpus Christi 1966, writ ref’d n.r.e.); Freeman v. Swan, 143 S.W. 724 (Tex.Civ.App.—El Paso 1912, writ ref’d).

11977–1977
Empire Gas & Fuel Co. v. State green
tex · 1932
2 sentences

1977Sharber v. Florence, 131 Tex. 341 , 115 S.W.2d 604 (1938); Empire Gas & Fuel Co. v. State, 121 Tex. 138 , 47 S.W.2d 265 (1932); Vernon v. State, 406 S.W.2d 236 (Tex.Civ.App.—Corpus Christi 1966, writ ref’d n.r.e.); Freeman v. Swan, 143 S.W. 724 (Tex.Civ.App.—El Paso 1912, writ ref’d).

1977Sharber v. Florence, 131 Tex. 341 , 115 S.W.2d 604 (1938); Empire Gas & Fuel Co. v. State, 121 Tex. 138 , 47 S.W.2d 265 (1932); Vernon v. State, 406 S.W.2d 236 (Tex.Civ.App.—Corpus Christi 1966, writ ref’d n.r.e.); Freeman v. Swan, 143 S.W. 724 (Tex.Civ.App.—El Paso 1912, writ ref’d).

11977–1977
Sharber v. Florence green
tex · 1938
2 sentences

1977Sharber v. Florence, 131 Tex. 341 , 115 S.W.2d 604 (1938); Empire Gas & Fuel Co. v. State, 121 Tex. 138 , 47 S.W.2d 265 (1932); Vernon v. State, 406 S.W.2d 236 (Tex.Civ.App.—Corpus Christi 1966, writ ref’d n.r.e.); Freeman v. Swan, 143 S.W. 724 (Tex.Civ.App.—El Paso 1912, writ ref’d).

1977Sharber v. Florence, 131 Tex. 341 , 115 S.W.2d 604 (1938); Empire Gas & Fuel Co. v. State, 121 Tex. 138 , 47 S.W.2d 265 (1932); Vernon v. State, 406 S.W.2d 236 (Tex.Civ.App.—Corpus Christi 1966, writ ref’d n.r.e.); Freeman v. Swan, 143 S.W. 724 (Tex.Civ.App.—El Paso 1912, writ ref’d).

11977–1977
Freeman v. Swan neutral
texapp · 1912
1 sentence

1977Sharber v. Florence, 131 Tex. 341 , 115 S.W.2d 604 (1938); Empire Gas & Fuel Co. v. State, 121 Tex. 138 , 47 S.W.2d 265 (1932); Vernon v. State, 406 S.W.2d 236 (Tex.Civ.App.—Corpus Christi 1966, writ ref’d n.r.e.); Freeman v. Swan, 143 S.W. 724 (Tex.Civ.App.—El Paso 1912, writ ref’d).

11977–1977
Wheeler v. Williams green
tex · 1958
2 sentences

1966While this Court in the Anderson case reannounced the well settled rule of law that where a suit has been first filed in a court of competent jurisdiction, and such court has all necessary parties before it, it has the prior right to exercise jurisdiction of such case, and no other court in which a subsequent suit is filed has the power to interfere, this Court, nevertheless, stated another well settled rule of law which we think operates as an exception to the above stated general rule, which is that “ * * * a party may be guilty of such conduct relating to the matter as to estop himself from

1966While this Court in the Anderson case reannounced the well settled rule of law that where a suit has been first filed in a court of competent jurisdiction, and such court has all necessary parties before it, it has the prior right to exercise jurisdiction of such case, and no other court in which a subsequent suit is filed has the power to interfere, this Court, nevertheless, stated another well settled rule of law which we think operates as an exception to the above stated general rule, which is that “ * * * a party may be guilty of such conduct relating to the matter as to estop himself from

11966–1966
Blessing v. City of Galveston green
tex · 1874
1 sentence

1880As a general rule equity will not interfere to restrain a tax which is illegal or void, merely because of its illegality, but there must be some special circumstances attending the injury threatened to distinguish it from a mere trespass, and thus bring the case within some recognized head of equity jurisprudence; otherwise the person aggrieved will be left to his remedy at law. [High on Inj. § 354.] But this general rule allows of many exceptions. [Hilliard on Inj. p. 463; Ottowa v. Walker, 21 Ill. 610 .] The supreme court of this state, in Blessing v. City of Galveston, 42 Tex. 641 , in disc

11880–1880

Where else courts name it

LA 12 (1951–1974) TX 7 (1880–2000) MO 4 (1918–1985) MS 3 (1875–1965) UT 2 (1931–1997) NY 2 (1964–2005) PA 2 (1935–1969) NC 2 (1974–1978) CA 2 (1957–1974)

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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