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Memorandum of Law:  Chavez v. Chavez

12/4/2015

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Facts:

    A report of the opinion in Chavez v. Chavez (decided May 2, 1890) was published by West Publishing Co. at page 1018, volume 13, of the South Western Reporter. West attributes the case to the “Supreme Court of Texas.” Chavez, 13 S.W. at 1018. The report of the case also contains the following notes: “Commissioners’ decision. Consent case. Error from district court, Bexar county; G. H. Noonan, Judge.” Id. The report does not expressly identify the court making the transfer to the Commission of Appeals, nor does it indicate the date of transfer. The opinion is authored by “Acker, J.”  Id. Finally, the LEXIS Advance Research legal database has inserted the following notice in its electronic publication of the case: “Notice: PUBLICATION STATUS PENDING. CONSULT STATE RULES REGARDING PRECEDENTIAL VALUE.” Id.

Questions Presented:
   

    What is the precedential value of Chavez and how should it be cited?

Short Answer:

    Chavez was implicitly adopted by . . .

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    D. Scott Curry

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