Case law

Graser v. Graser

147 Tex. 404 · Texas Supreme Court · Dec 8, 1948

Graser promptly proceeded to probate the document as his will, procured appointment of herself as administratrix with the will annexed, qualify as such and file an inventory and appraisement, which was duly approved, including … Graser, establishes for all purposes here that it was not her will, even if we otherwise were inclined to different view, which we are not.

Diamond Shamrock Refining & Marketing Co. v. Mendez

844 S.W.2d 198 · Texas Supreme Court · Dec 31, 1992

Caudle, 560 S.W.2d 925 (Tex.1977) (abolishing the doctrine of interspousal immunity for intentional torts). … The application of the state action doctrine to the Texas Constitution has not been conclusively established by this Court.

Strakos v. Gehring

360 S.W.2d 787 · Texas Supreme Court · Jun 27, 1962

The right of contribution among tortfeasors was established in Texas by the enactment of Art. 2212, Vernon’s Ann.Civ.Stats. … These cases illustrate three approaches used to establish a common-law right of indemnity.

Richardson v. First National Life Insurance Co.

10 Tex. Sup. Ct. J. 535 · Texas Supreme Court · Jul 26, 1967

He has clearly brought a suit where all of the essential facts are peculiarly within the knowledge of First National. … We think the facts in this case clearly within the rule.

State Ex Rel. Pan American Production Co. v. City of Texas

157 Tex. 450 · Texas Supreme Court · May 22, 1957

In so doing, I think the court clearly erred. While the ultimate question of the constitutionality of the ordinance may be one of law, this does not preclude a consideration of facts. … Nor is such an immunity achieved by treating any fanciful conjecture as enough to repel attack.

State v. Wynne

134 Tex. 455 · Texas Supreme Court · Dec 6, 1939

The trial court appointed, ex parte, a receiver of and for the assets and properties of the defendant, and the receiver duly qualified and took possession of such properties. … It establishes priority which is limited to the particular state of things specified.

McLane Champions, LLC and R. Drayton McLane, Jr. v. Houston Baseball Partners LLC

Texas Supreme Court · Jun 30, 2023

Its claims are that the Astros, a public figure, together with community wellbeing in the team’s hometown of Houston, were harmed in the process—clearly matters of public concern. … Defendants’ communications easily qualify.

Southwestern Bell Telephone Company v. Johnson

389 S.W.2d 645 · Texas Supreme Court · Mar 31, 1965

The effort to impeach the witness Watson was in connection with the unsuccessful attempt to qualify Blakey as a witness. We hold that the trial court's action was proper. The points are overruled. … The witness Blakey did not see the accident and was not called to establish any of the facts or circumstances surrounding the same.

Lane Bank Equipment Co. v. Smith Southern Equipment, Inc.

10 S.W.3d 308 · Texas Supreme Court · Mar 3, 2000

A motion might not clearly state whether a change in the judgment is requested, leaving doubt about crucial deadlines. … Orr, Trial Court's Power to Amend Its Judgments, 25 BAYLOR L.REV. 191, 206 (1973) ("The procedure governing the exercise of a trial court's plenary power before the judgment becomes final is not well-established."). [4] Agenda

Lewis v. San Antonio

7 Tex. 288 · Texas Supreme Court · Jul 1, 1851

The absence of such proof shows clearly that the claim was notorious, .and generally understood by the whole community. … It seems from the above that the rules established by the English decisions, have been somewhat qualified by the American doctrine. It is very evident, however, jtiiat the English rule, as laid down in Doe v.

Stephens County v. Mid-Kansas Oil & Gas Co.

113 Tex. 160 · Texas Supreme Court · Jun 30, 1923

The grantors were clearly divested of the right to either possess, use or dispose of the gas and oil in place in the lands described in the instruments here involved as soon as the instruments were executed. … Under the rule of construction established, not only in other jurisdictions, but by our own cases, therefore, the agreement creates a corporeal interest in the lessee in the demised premisos, and is not merely a license to

Ex parte Blumer

27 Tex. 734 · Texas Supreme Court · Jul 1, 1865

The result is, that the place of residence is prima fade the domicil, unless there be some motive for that residence not inconsistent with a clearly established intention, to retain a permanent residence in another place. … The intention of abandoning his domicil of origin was established; his condi *747 tional intention to make Texas his permanent home, was established, and so was his settlement in the country.

Gee v. Read

23 Tex. Sup. Ct. J. 530 · Texas Supreme Court · Jul 23, 1980

Laura Freeland died December 14,1973, and Ruth Gee qualified as independent executrix of her estate. Thomas P. … Ruth Cole’s age at death is not precisely shown, but she clearly was elderly. There is no direct evidence as to her health, but she apparently was not confined to her home or a hospital or nursing facility.

Burroughs Wellcome Co. v. Crye

38 Tex. Sup. Ct. J. 848 · Texas Supreme Court · Jun 15, 1995

We hold that there is no evidence establishing that Jewell K. Crye suffered a frostbite injury as a result of using the product at issue, Polysporin® spray. … Fuentes' pig's foot study were clearly explained to the jury. Such discrepancies go to the credibility and the weight to be given by the jury to Dr.

Hernandez v. Ebrom

52 Tex. Sup. Ct. J. 1048 · Texas Supreme Court · Jul 3, 2009

To the contrary, the statute clearly permits a provider to pursue the right if it so chooses. The question is not whether the defendant has the right, but whether the statute contemplates its immediate exercise. … It prolongs litigation in those cases in which an expert report is clearly insufficient, contrary to the Legislature's intent.

Rosetta Resources Operating, Lp v. Kevin Martin, Jamie Martin, and Ashley Lusk

Texas Supreme Court · May 6, 2022

(holding that because the “second element clearly refers back to the first,” change to RPO drainage element—“deemed drainage” instead of “substantial drainage”—“logically negate[d] the requirement of proving economic benefit … Because part (1)(a) is a conditional clause, the drilling of a qualifying well must occur before part (1)(b), the main clause, goes into effect.

Dallas General Drivers, Warehousemen & Helpers v. Wamix, Inc.

156 Tex. 408 · Texas Supreme Court · Oct 10, 1956

Such an express recognition is consistent with an increased insistence upon the liability of such organizations for tortious conduct and inconsistent with their immunization from liability for damages caused by their tortious … Ct. 373), was clearly recognized also in the recent decision of the Supreme Court of New Jersey in Busch & Sons, Inc. v.

Greg Abbott, in His Official Capacity as Governor of Texas And Ruth Hughs, in Her Official Capacity as Texas Secretary of State v. the Anti-Defamation League Austin, Southwest, and Texoma Regions Common Cause Texas And Robert Knetsch

Texas Supreme Court · Oct 27, 2020

[and] sovereign immunity . . . are harder to decide on our necessarily expedited review, but we need not reach them because the Secretary has made a strong showing that she is likely to succeed on the merits . . . .”). … Any burden on voting rights arising from the October Proclamation was not a severe burden, and the proclamation is clearly constitutional when subjected to the 11 appropriate

Lyons-Thomas Hardware Co. v. Perry Stove Manufacturing Co.

22 L.R.A. 802 · Texas Supreme Court · Nov 16, 1893

The reasons for holding the assets of such an insolvent corporation to be a trust fund for the payment of its debts are set forth so clearly and fully that we will not undertake to restate them or to give additional reasons … The case made by the questions propounded bring it clearly within so much of the rule thus stated as may be safely adopted, and it is not now necessary to inquire whether other points should be qualified.

Tilton v. Marshall

39 Tex. Sup. Ct. J. 985 · Texas Supreme Court · Jul 12, 1996

Connecticut, 310 U.S. 296, 303-04 , 60 S.Ct. 900, 903 , 84 L.Ed. 1213 (1940). 6 The Free Exercise Clause never has immunized clergy or churches from all causes of action alleging tortious conduct. See Van Schaick v. … Marks, 362 S.W.2d 299, 300 (Tex.1962), we again granted a conditional writ on the basis that the trial court clearly abused its discretion by requiring disclosure of irrelevant information contained in income tax returns,