Wagner v. Foster
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The general requirement to file a motion for new trial changed later: Kroger Co. v. Demakes reports that amended Rule 324, effective January 1, 1978, removed that prerequisite in ordinary cases. Wagner's description of former Rule 324 should therefore not be used as the current rule. The citing-opinion count uses the 48-citation floor available locally. The full text of Carter v. Lee, Wright v. Gernandt, Texas Employers' Insurance Ass'n v. Stodghill, and Story Services, Inc. v. Ramirez did not mention Wagner. In most other opinions, “overruled” referred to a party's appellate point or trial motion.
48 later cases cite Wagner v. Foster; 48 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Wagner v. Foster?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
No reviewed court has overruled or limited this case.
Every one of the 48 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.
Does this case still carry your argument?
Describe your facts. Ezel reads Wagner v. Foster and the cases that treated it, then tells you whether it still holds for your situation, with citations.
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