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← 16 S.W.2d 403 - Rouff v. Boyd

Rouff v. Boyd’s Empirical Analysis

1929

Citation profile

9
cited by 9 later decisions
1
states following
January 1975
most recently cited

9 state decisions

How this case has been cited

Cited by 9 later decisions — most recently January 1975

9 state decisions

40192919301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Camoron v. Thurmond · Yett v. Cook · W.D. Yett, Mayor v. Cook · March v. Huyter · Schintz v. Morris

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “‘“The question of the authority of this court to issue a writ of mandamus to compel the trial court to set aside the judgment which was rendered at a term of court subsequent to that at which it was submitted and to proceed to again hear and determine the case, is by no means free from doubt. We have concluded, however, upon the authority of the cases of Schintz v. Morris, 13 Tex. Civ. App. 580 , 35 S.W. 516, 825 , 36 S.W. 292 , and Yett v. Cook, 115 Tex. 175 , 268 S.W. 715 , 281 S.W. 843 , to solve the doubt in favor of petition-0j»g 4» *$• “It is also held in the Schintz Case that where the statute gives the right to a mandamus in express and unqualified terms, such remedy may be pursued by a litigant, regardless of the fact that he may have another adequate legal remedy, the expression of the court on this subject was as follows: ‘If the judge refuses to try, the statute authorizes this court to compel him to try; and we need look no further for a remedy, or consider whether another may exist because, by the express letter of the law, the legislature, in the exercise of its authority, has selected and provided a remedy for just such an emergency. And, whatever may be the general rule that denies a resort to this remedy if another exists that is applicable to a different state of affairs in other instances, it ought not to govern in a case like this, especially in view of the law that expressly authorizes this remedy.’ “This holding in the Schintz Case is referred to and ap”
    1 later decision quote this exact passage
  2. “"There is no firmer principle established in our jurisprudence than that courts can only exercise jurisdiction to hear and determine rights at the time and place fixed by the statutes or rules of court authorized by the statutes."”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.