vice rule (Texas) · Go Syfert
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vice rule in Texas

7 Texas opinions name it 2 courts 1916–2002 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 (4)

CaseFollowedCited
Alvarado v. Farah Manufacturing Co.green
tex · 1992 · cited in 2 Texas opinions naming this issue, 1992–1993
2 sentences

1993However, Alvarado further explains that “[t]he consequences of the rule should not be harsher in any case than the vice the rule seeks to correct. [T]he trial court should have a range of sanctions available to it to enforce rules without injustice. ‘The punishment should fit the crime.’ ” Alvarado, 830 S.W.2d at 915 (quoting TransAmerican Natural Gas Corp. v. Powell, 811 S.W.2d 913, 917 (Tex.1991)).

1992The sole sanction should not be the exclusion of all evidence not properly identified in discovery; rather, as with other failures to comply with discovery, the trial court should have a range of sanctions available to it to enforce the rules without injustice.” 830 S.W.2d 911 at 915 (citing TransAmeri-can) (emphasis added).

12
Mobil Oil Corp. v. Ellendergreen
tex · 1998 · cited in 1 Texas opinions naming this issue, 2002–2002
2 sentences

2002See Ellender, 968 S.W.2d at 922 ; Hammerly Oaks, Inc. v. Edwards, 958 S.W.2d 387, 389 (Tex.1997).

2002See Ellender, 968 S.W.2d at 922 ; Hammerly Oaks, Inc. v. Edwards, 958 S.W.2d 387, 389 (Tex. 1997).

11
Hammerly Oaks, Inc. v. Edwardsgreen
tex · 1997 · cited in 1 Texas opinions naming this issue, 2002–2002
2 sentences

2002See Ellender, 968 S.W.2d at 922 ; Hammerly Oaks, Inc. v. Edwards, 958 S.W.2d 387, 389 (Tex.1997).

2002See Ellender, 968 S.W.2d at 922 ; Hammerly Oaks, Inc. v. Edwards, 958 S.W.2d 387, 389 (Tex. 1997).

11
TransAmerican Natural Gas Corp. v. Powellgreen
tex · 1991 · cited in 1 Texas opinions naming this issue, 1993–1993
1 sentence

1993However, Alvarado further explains that “[t]he consequences of the rule should not be harsher in any case than the vice the rule seeks to correct. [T]he trial court should have a range of sanctions available to it to enforce rules without injustice. ‘The punishment should fit the crime.’ ” Alvarado, 830 S.W.2d at 915 (quoting TransAmerican Natural Gas Corp. v. Powell, 811 S.W.2d 913, 917 (Tex.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 (4)

CaseCitedYears
Ft. Worth & D. C. Ry. Co. v. Lynch green
texapp · 1911
2 sentences

1929App.) 136 S. W. 580, 582 , as follows: “But the vice in the instruction does not lie in the fact that the jury were relieved of the duty to determine such a question, but in the fact that they might have construed the language complained of as indicating the view the court took of the testimony with reference to that phase of the case.

1916As was said in Railway Company v. Lynch, 136 S. W. 580 : “The vice in the instruction does not lie in the fact that the jury were relieved of the duty to determine such a question, but in the fact that they might have construed the language complained of as indicating the view the court court took of the testimony with reference to that phase of the case.” In Railway Co. v. Waldie, supra, the plaintiff, an employé, sued to recover damages for personal injuries received, .while assisting in loading iron rails from one car to another, under the direction of the company’s section foreman Collins,

21916–1929
American Express Co. v. Chandler neutral
texcommnapp · 1921
1 sentence

1938American Express Co. et al. v. Chandler, Tex.Com.App., 231 S.W. 1085 ; City of Houston v. Pillot et al., Tex.Com.App., 105 S.W.2d 870 ; Lamar v. Panhandle & S. F. Ry.

11938–1938
City of Houston v. Pillot green
texcommnapp · 1937
1 sentence

1938American Express Co. et al. v. Chandler, Tex.Com.App., 231 S.W. 1085 ; City of Houston v. Pillot et al., Tex.Com.App., 105 S.W.2d 870 ; Lamar v. Panhandle & S. F. Ry.

11938–1938
Hearst v. Kuykendall green
tex · 1856
1 sentence

1937The vice in this defense lies in the unmistakable fact that, while subsidiary provisions of the contract did so provide for the possible sale and division of the resulting proceeds of the properties that might be acquired in agreed proportions among them, the quoted further provisions of it just as unmistakably contemplated the acquirement of the lands and leases themselves in the specified joint ownership thereof as such, and the likewise quoted averments in the trial petition just as certainly declare upon the refusal of the appellants to divide the land itself in advance of any sale thereof

11937–1937

Where else courts name it

CA 31 (1899–1997) MO 22 (1885–1974) NM 16 (1919–2021) OK 10 (1908–1955) NC 9 (1929–1969) IL 9 (1893–2006) MS 8 (1943–2011) OR 8 (1918–2003) TX 7 (1916–2002) AR 6 (1921–1974) WI 5 (1899–2020) MI 4 (1895–1920) IA 4 (1900–1974) NE 3 (1899–1949) MT 3 (1900–1949) CO 2 (1896–1947)

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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