Opinion

Citizens Bank of Bryan v. First State Bank

  • 22 Tex. Sup. Ct. J. 306
  • 580 S.W.2d 344
  • 1979 Tex. LEXIS 271
Court
Texas Supreme Court
Filed
Apr 18, 1979
Status
Published
Author
Denton
On the bench
Steakley, Denton
Cited by
136 cases
Authority
More cited than 10.7%

stating that if the language of a statute is susceptible of two constructions, one of which will carry out such manifest object and the other defeat it, it should receive the former construction

How later courts described this case

  • stating that if the language of a statute is susceptible of two constructions, one of which will carry out such manifest object and the other defeat it, it should receive the former construction
  • "It is recognized that a statute is to be construed with reference to its manifest object, and if the language is susceptible of two constructions, one of 5 which will carry out and the other defeat the manifest object, it should receive the former construction."
  • legislative intent is determined from a general view of the whole enactment in question
  • “[A] statute is to be construed with reference to its manifest object, and if the language is susceptible of two constructions, one of which will carry out and the other defeat such manifest object, it should receive the former construction.”

Written by the judges who cited it.

The opinion

DENTON, Justice,

dissenting.

I respectfully dissent. It is my opinion that the court of civil appeals has correctly decided this case, and I agree with that court’s opinion. Tex.Civ.App., 569 S.W.2d 604 .

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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