Opinion

Ex Parte Lingenfelter

  • 64 Tex. Crim. 30
  • 142 S.W. 555
  • 1911 Tex. Crim. App. LEXIS 514
Court
Court of Criminal Appeals of Texas
Filed
Nov 29, 1911
Status
Published
Author
Davidson
On the bench
Harper, Davidson
Cited by
24 cases

"The enumeration of particular things is sometimes so complete and exhaustive as to leave nothing that can be called ejusdem generis. If the particular *438 words exhaust the whole genus, the general words must refer to some larger genus. * * * [Under these circumstances], ... the maxim ejusdem generis must yield to the maxim that every part of a statute should be upheld and given its appropriate effect, if possible.”

How later courts described this case

  • "The enumeration of particular things is sometimes so complete and exhaustive as to leave nothing that can be called ejusdem generis. If the particular *438 words exhaust the whole genus, the general words must refer to some larger genus. * * * [Under these circumstances], ... the maxim ejusdem generis must yield to the maxim that every part of a statute should be upheld and given its appropriate effect, if possible.”

Written by the judges who cited it.

The opinion

DAVIDSON, Presiding Judge

(dissenting).—The Reporter will give a reasonably full report of brief for applicant on motion for rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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