Case law

Hart v. Rust

46 Tex. 556 · Texas Supreme Court · Jul 1, 1877

If, therefore, the deed from Horton to his son should be regarded as fraudulent in law, for want of a valuable consideration, or, if it was admitted to be fraudulent in fact, though such an assumption is clearly repelled … survives, and maybe exercised by the party "who qualifies and acts.

Dendy v. Wilson

142 Tex. 460 · Texas Supreme Court · Mar 29, 1944

Section 4 defines how juvenile courts may be established. Section 5 reads as follows: “Sec. 5. … The argument is made on behalf of the State that the Act provides express immunity to those who testify. We find no such immunity in the Act.

Banton v. Wilson

4 Tex. 200 · Texas Supreme Court · Dec 15, 1849

Tins was an application by the appellant for a mandamus to compel the appellee to deliver to him the office of clerk of the District Court of the county of Walkin’, with all the immunities, records, books, and papers belonging … These principles, deduced from the authorities, show very clearly what is to be understood by the jurisdiction of a court.

Brennan v. State

33 Tex. 266 · Texas Supreme Court · Jul 1, 1870

Clearly not. Walker, J. … We clearly think nQ.t, *274 But we are not permitted to take this view of the subject, for it does appear that the juror, R. R.

Tom Green Co. v. Motley Admr.

132 Tex. 54 · Texas Supreme Court · Jun 29, 1938

The administrator promptly rejected the claim and the county thereupon filed this suit in the district court to establish same against the estate. … Clearly, under the provisions of the statutes, the treasurer is entitled to his commissions when they accrue, as held in the Charlton case, but that holding in no wise militates against a holding that, when the commissioners

Victoria County v. Victoria Bridge Co.

68 Tex. 62 · Texas Supreme Court · Mar 22, 1887

, it could have been very clearly expressed by the mere omission of the word “toll” before the words “bridge” and “ferry.” … The argument for the other construction amounts to this, that because free bridges are much more detrimental to the interest of a toll bridge corporation than a toll bridge, we must strike out a qualifying word in the statute

Allen v. Humphreys

20 Tex. Sup. Ct. J. 469 · Texas Supreme Court · Jul 20, 1977

It is with these and other governing principles in mind that we proceed to determine whether the trial court clearly abused its discretion in denying the discovery sought here. … However, the reports of experts who have been retained solely for consultation in the instant case are immune from discovery. Tex.R.Civ.P. 186a; Houdaille, supra.

Culberson v. Ashford

118 Tex. 491 · Texas Supreme Court · Jun 19, 1929

Ed., 77 , that phrase, however it may be characterized, has become the established test by which the legislative power to fix prices of commodities, use of property, or services, must be measured. … The later cases referred to above and quoted from, and the several cases cited in them, state clearly the underlying principles governing this and similar cases, and announce the clear and final- conclusion of the Supreme

City of Dallas v. Vsc, Llc

Texas Supreme Court · Jul 1, 2011

The Court held that such a procedure “satisfies the requirement of due process of law as clearly as if the ascertainment of compensation had preceded the taking.” Id. … VSC’s requests for injunctive and declaratory relief certainly qualifies in that case. Likewise, in Mora v.

Barth v. Bank of America, N.A.

54 Tex. Sup. Ct. J. 1771 · Texas Supreme Court · Aug 26, 2011

This is not immunity from suit; it is immunity from victory. Petitioners also argue that the VLB should not be immune from their suit because they do not seek the executive right for themselves. … This is clearly a “suit for land” from which the VLB is immune.23 21 Petitioners’ Brief on the Merits 41; see also Petitioners’ Reply Brief to Veterans Land Board 8 (citing Tex.

In Re of Lock

54 S.W.3d 305 · Texas Supreme Court · Jun 21, 2001

Further, BODA concluded as a matter of law that Lock’s crime qualified as a “serious crime” as that term is defined by rule 1.06(U). … We did not write an opinion or establish an "authoritative interpretation.”

City of Waco v. Lopez

51 Tex. Sup. Ct. J. 1129 · Texas Supreme Court · Jul 11, 2008

Lopez countered that: 1) the CHRA does not preclude his suit under the Whistleblower Act because he did not file a complaint under the CHRA; 2) the EEO policy qualifies as a “law” under the Whistleblower Act because it was … Lopez has therefore failed to allege a claim for which the City’s governmental immunity has been waived, and amendment at this juncture would be futile.

Alfred Dewayne Brown v. City of Houston, Texas Harris County, Texas Breck McDaniel Ted C. Bloyd D.L. Robertson

Texas Supreme Court · Feb 3, 2023

Laws 79, 79–84 (“An Act to establish a State Penitentiary”), the People decided that those who had been wrongfully imprisoned should not bear the loss of such misfortune alone. … But even if any doubt remained, we would still read “bring” in a way that preserves immunity.

Brent Edward Webster v. Commission for Lawyer Discipline

Texas Supreme Court · Dec 31, 2024

Second, speaking of sovereign immunity, Webster argues that sovereign immunity bars the commission’s proceeding against him even if the separation- of-powers doctrine does not. … I conclude that sovereign immunity does not bar the proceeding for the reasons the court of appeals aptly explained.

Paschal v. Inman

106 Tex. 128 · Texas Supreme Court · Jun 18, 1913

We shall only briefly express our views; as, in our opinion, the holding of the Court of Civil Appeals in the present case is in accord with the established rule of decision upon the question. Hedgpeth v. … It is clearly recognized in the present statutes that the election of a public weigher in a justice precinct shall not operate as a denial to all persons of the right to therein pursue the business of private weighing.

San Antonio Union Junior College District v. Daniel

146 Tex. 241 · Texas Supreme Court · Dec 3, 1947

The Board of Trustees, of Junior College Districts shall be governed in the establishment, management and control of the Junior College by the General Law goverening the establishment, management and control of Independent … While Art. 2815m is in some respects a reference statute, it is clearly not so in all.

Reliance National Indemnity Co. v. Advance'd Temporaries, Inc.

50 Tex. Sup. Ct. J. 858 · Texas Supreme Court · Jun 8, 2007

A Relevant to the first two issues is how one qualifies under the mechanic’s lien statute as a person who “furnishes labor.” Tex. PROp.Code § 53.021(a). … The contract clearly identifies the temporary workers as Advance’d’s employees and makes Advance’d the responsible party. Advance’d was responsible for recruiting and screening these workers.

In Re Dr. Robert Tafel

Texas Supreme Court · Jun 19, 2026

But mandamus relief can be appropriate when the act of proceeding to trial defeats a substantive right that cannot be protected by a normal appeal, as when a party is forced to defend a suit despite Congress immunizing it … Bear Creek has not conclusively established that the first- to-file bar applies to this suit.

Hurt v. Cooper

130 Tex. 433 · Texas Supreme Court · Dec 1, 1937

No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.” “Art. VIII, Sec. 2. … This is well established. In Texas Co. v.

Westbrook v. Penley

50 Tex. Sup. Ct. J. 949 · Texas Supreme Court · Jun 29, 2007

Disgruntled parishioners cannot circumvent ecclesiastical immunity by suing church members rather than the religious body itself, the court stated, else such immunity “would be an empty protection” and “there would be an … But clearly Westbrook’s actions were grounded in religious doctrine.