Case law

Banker v. Breaux

133 Tex. 183 · Texas Supreme Court · May 17, 1939

The law is well established that a third person may sue to enforce a contractual provision made for his benefit, but to entitle him to enforce such provision it must be shown that the contracting parties intended to make … As qualified by this stipulation, the promise clearly was not made for the benefit of Breaux. The judgment of the Court of Civil Appeals is reversed and the judgment of the trial court is affirmed.

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.

Morriss v. Cassady

78 Tex. 515 · Texas Supreme Court · Nov 18, 1890

The “public roads” here referred to were clearly such public roads as article 4359 declared had been “previously laid out and established agreeably to law.” … These articles, considered in connection with those first cited, indicate, we think, clearly that the “public roads” which they regulate the establishment of and those defined in article 4359 as having been previously “laid

City of Irving v. Dallas County Flood Control District

8 Tex. Sup. Ct. J. 53 · Texas Supreme Court · Oct 21, 1964

that Irving does not so qualify. … City of Houston, Tex.Com.App., 35 S.W.2d 118 (Drainage District) ; and we know of no good reason for holding that levee district territory lies in an immunized sanctuary.

Harris County Flood Control District and Harris County, Texas v. Edward A. and Norma Kerr

Texas Supreme Court · Jun 17, 2016

The Seventh Circuit has similarly characterized the burden of establishing a public use as “remarkably light.” Daniels v. … The Legislature has clearly exercised its prerogative to protect Texans’ property rights by narrowly defining public use.

Proctor v. Andrews

41 Tex. Sup. Ct. J. 1172 · Texas Supreme Court · Jul 3, 1998

The Legislature may delegate its powers to administrative agencies to establish rules and regulations when the Legislature has provided reasonable standards to guide the agencies in carrying out a legislatively prescribed … Likewise, the term “neutral” clearly refers to persons who are objective and impartial.

Cramer v. Sheppard

140 Tex. 271 · Texas Supreme Court · Dec 26, 1942

The question to be decided is whether Judge Dixon, the duly elected and qualified judge of the 95th District Court of Dallas County, vacated the office of district judge by accepting appointment and qualifying as a Major … It clearly appears that Judge Dixon was not appointed a member of the Regular Army.

Russell v. Ingersoll-Rand Co.

841 S.W.2d 343 · Texas Supreme Court · Dec 9, 1992

(action barred by governmental immunity); Kelley v. City of Austin, 268 S.W.2d 773, 775 (Tex.Civ.App. — Austin 1954, no writ) (action barred by governmental immunity); Childs v. … . — Beaumont 1937, no writ) (action barred by interspousal immunity). .

Best Motor Lines v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local No. 745

150 Tex. 95 · Texas Supreme Court · Feb 21, 1951

In other words, the trial court, at the hearing on the petition for temporary injunction, clearly had before it the questions: (a) was there a labor dispute? … These principles of law were clearly stated in the Henry case.

Williams v. Robinson

56 Tex. 347 · Texas Supreme Court · Mar 6, 1882

Davis, deceased, clearly did not belong to any one of the classes of claims to which priority of payment was given, and in the settlement of the estate of D. D. … This action by the court did not contravene in any respect the immunities and preferences and priority of payment which the judgment above quoted from had prescribed.

Service Employees International Union Local 5, Dan Schlademan, and Susan Strubbe v. Professional Janitorial Service of Houston, Inc.

481 S.W.3d 210 · Texas Supreme Court · Dec 23, 2014

* * * Who qualifies as a member of the “electronic media” under Texas law? … Given the warp-speed evolution of digital news-gathering and dissemination, we should insist on clear rules, clearly defined and clearly applied.

Citizens' National Bank v. Graham

117 Tex. 357 · Texas Supreme Court · Mar 28, 1928

The concluding words: “and may be enforced as to all notes not then barred by the four years’ statute of limitations,” are simply a limitation that this immunity shall extend only to such of the notes as are not “barred by … It does establish a different rule of limitation as to this class of obligations, but that does, not affect its validity or effectiveness.

Glass v. Pool

106 Tex. 266 · Texas Supreme Court · Feb 18, 1914

we further answer the trial court erred in granting and in perpetuating the injunction, thereby preventing the officers of the Clifton School District from issuing the bonds of the district, as authorized by the votes of qualified … language must receive such construction as will conform it to any constitutional limitation or requirement if it be susceptible of such interpretation, and the law here brought into question must be sustained unless it be clearly

Steve Griffith, in His Official Capacity, Douglas Brinkley, in His Offiicial Capacity, Scott Schultz in His Official Capacity, and Mark Grothaus, in His Official Capacity v. Collision Clinic, L.L.C. and Hanna "John" Elias

Texas Supreme Court · Dec 1, 2015

(citing Koseoglu as establishing that governmental official may appeal order denying his plea to the jurisdiction); Parker v. Hunegnaw, 364 S.W.3d 398, 401 (Tex. … wrecker service, appellees refer to instances in which the City pays because it owns the towed vehicle—which is clearly distinguishable from the City entering into contracts with the wrecker companies which require the City

the University of Texas Southwestern Medical Center at Dallas v. Donna Loutzenhiser, as Next Friend of Stephen Luke Loutzenhiser, a Minor

Texas Supreme Court · Jul 9, 2004

Loutzenhiser argues that Stephen = s father = s telephone call to the Medical Center provided the required notice, but it clearly did not. … In creating the right of a governmental unit to appeal from the denial of a plea to the jurisdiction, the Legislature clearly assumed that at least some requirements of the Tort Claims Act = s waiver of immunity are jurisdictional

Texas Liquor Control Board v. Attic Club, Inc.

13 Tex. Sup. Ct. J. 444 · Texas Supreme Court · Jul 8, 1970

All that Rule 56 requires is that private clubs conduct their affairs as contemplated by the enabling definition in Art. 666-15 (e); this means that club privileges and immunities are not to be available to strangers or those … No private club shall be qualified to hold a Private Club Registration Permit unless it shall: (a). Have twenty-five or more members at all times. (b).

Oncor Electric Delivery Company Ntu, LLC v. Wilbarger County Appraisal District and Wilbarger County Appraisal Review Board

Texas Supreme Court · Jun 21, 2024

Mills ARB contended it was immune from suit, noting that Chapter 42 contains no waiver of immunity and provides instead that “[a] petition for review may not be brought against the appraisal review board.” TEX. … whole, did not actually dispose of Oncor’s cause of action 33 against the [ARB] and therefore did not actually dispose of every pending claim and party; certainly it did not do so clearly

Ramiro Garza and J&R Valley Oilfield Services, Inc. v. Ines Gonzalez Garcia

Texas Supreme Court · May 14, 2004

Thus, the Legislature clearly considered proper venue to be of critical importance. … Requiring a trial court to state in its order, or otherwise include findings in the record, to establish that a granted motion to transfer venue is based on the convenience of the parties when the defendant has also sought

Lower Colorado River Authority v. McCraw

125 Tex. 268 · Texas Supreme Court · May 22, 1935

A reading of Sub-section (c), supra,, clearly demonstrates that it simply provides that the Legislature-shall have the power to determine and decide whether a particular district shall incur indebtedness and issue bonds to … We think that a reading of the whole of this section, and especially Subdivision (o) thereof, will clearly disclose that it was not the intention of the Legislature to give this District unlimited authority to enter into

Bastrop County v. Hearn

70 Tex. 563 · Texas Supreme Court · May 1, 1888

Clearly the power to •direct the county treasurer to pay out money would not authorize a diversion of it from its lawful depository, and confer a right to direct some other party to pay it out. … There is no principle • better established than that an office is property, to the emoluments of which the incumbent is entitled during the term for which he may have been elected or appointed.