Izard v. Townsend’s Empirical Analysis

Citation profile

5 state decisions

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It has, we believe, never been held that the courts were without jurisdiction to render judgment in a suit brought by heirs, as such, merely because they did not allege there was no necessity for administration on their ancestor’s estate. At most such a petition was but subject to a general demurrer, as appears from Youngs v. Youngs, supra. Indeed, in the case of Fowler v. Roden, 129 Tex. 599 , 105 S.W.2d 187, 189 , the contention was made that the judgment rendered therein was void because the court was without jurisdiction to render judgment where the suit was by the heirs as such, and there was no allegation that there was no necessity for administration. In that case the court held: ‘In the absence of a plea in abatement, or special exceptions * * * the trial court had jurisdiction to render the judgment in question against her.’ “But general demurrers have been abrogated in our practice by the adoption of Rule 90, Texas Rules of Civil Procedure. This Court held in Texas Osage Co-op. Royalty Pool v. Kemper, Tex.Civ.App., 170 S.W.2d 849, 852 , writ refused, speaking through Chief Justice Monteith, that Rule 90 ‘indicates an intent on the part of the rule makers and the State Legislature to simplify our trial procedure by providing that defects of form or substance in a pleading will be deemed to have been waived where they have not been raised by exception or objection in the trial court.’ We do not see how defendant can now raise any objection to the pleadings which by l”

   1 later decision quote this exact passage
   e.g. Gaston v. Bruton