variance between claim (Missouri) · Go Syfert
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variance between claim in Missouri

6 Missouri opinions name it 1 courts 1959–1990 0 in the last five years

The cases below were cited by Missouri 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
Plant v. Stategreen
moctapp · 1976 · cited in 3 Missouri opinions naming this issue, 1986–1989
2 sentences

1989Plant v. State, 547 S.W.2d 835, 836 (Mo.App.1977).

1988Guinan v. State, 726 S.W.2d 754, 756 (Mo.App.1986), ce rt. denied, — U.S. —, 108 S.Ct. 210 , 98 L.Ed.2d 161 (1987); Plant v. State, 547 S.W.2d 835, 836 (Mo.App.1976).

33
Moton v. Stategreen
moctapp · 1989 · cited in 1 Missouri opinions naming this issue, 1990–1990
1 sentence

1990Williams-Bey v. State, 789 S.W.2d 99, 100 (Mo.App.1990); Moton v. State, 772 S.W.2d 689, 692 (Mo.App.1989).

11
Ducept v. Stategreen
moctapp · 1990 · cited in 1 Missouri opinions naming this issue, 1990–1990
1 sentence

1990Williams-Bey v. State, 789 S.W.2d 99, 100 (Mo.App.1990); Moton v. State, 772 S.W.2d 689, 692 (Mo.App.1989).

11
Guinan v. Stategreen
moctapp · 1986 · cited in 1 Missouri opinions naming this issue, 1988–1988
1 sentence

1988Guinan v. State, 726 S.W.2d 754, 756 (Mo.App.1986), ce rt. denied, — U.S. —, 108 S.Ct. 210 , 98 L.Ed.2d 161 (1987); Plant v. State, 547 S.W.2d 835, 836 (Mo.App.1976).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. White green
mo · 1968
1 sentence

1980An instruction must require the jury to find every fact necessary to constitute the essential elements of the offense charged, see State v. Lane, 551 S.W.2d 900 (Mo.App.1977); and “where a crime may be committed by any of several methods, the information must charge one or more of the methods and the methods submitted in the verdict directing instruction must be among those alleged in the information,” see State v. Shepard, 442 S.W.2d 58 (Mo. banc 1969), but a variance between an instruction and the information is fatal only where a new and distinct offense is submitted to the jury than what t

11980–1980
State v. Shepard green
mo · 1969
1 sentence

1980An instruction must require the jury to find every fact necessary to constitute the essential elements of the offense charged, see State v. Lane, 551 S.W.2d 900 (Mo.App.1977); and “where a crime may be committed by any of several methods, the information must charge one or more of the methods and the methods submitted in the verdict directing instruction must be among those alleged in the information,” see State v. Shepard, 442 S.W.2d 58 (Mo. banc 1969), but a variance between an instruction and the information is fatal only where a new and distinct offense is submitted to the jury than what t

11980–1980
State v. Lane green
moctapp · 1977
1 sentence

1980An instruction must require the jury to find every fact necessary to constitute the essential elements of the offense charged, see State v. Lane, 551 S.W.2d 900 (Mo.App.1977); and “where a crime may be committed by any of several methods, the information must charge one or more of the methods and the methods submitted in the verdict directing instruction must be among those alleged in the information,” see State v. Shepard, 442 S.W.2d 58 (Mo. banc 1969), but a variance between an instruction and the information is fatal only where a new and distinct offense is submitted to the jury than what t

11980–1980
Porter v. Commissioner of Internal Revenue green
ca2 · 1932
1 sentence

1959In speaking of this doctrine, Judge Learned Hand said in Porter v. Commissioner of Internal Revenue, 2 Cir., 60 F.2d 673, 675 , that “* * * ‘promissory estoppel’ is now a recognized species of consideration.” As pointed out by our Supreme Court in In re Jamison’s Estate, Mo., 202 S.W.2d 879 , 887, it is stated in the Missouri Annotations to the Restatement under Section 90 that: “ ‘There is a variance between the doctrine underlying this section and the theoretical justifications that have been advanced for the Missouri decisions.’ ” That variance, as the authors of the Annotations point out,

11959–1959

Where else courts name it

MO 6 (1959–1990) TX 3 (1956–1980) CA 3 (1941–2014)

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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