Case law

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.

University of Texas Southwestern Medical Center at Dallas v. the Estate of Irene Esther Arancibia by Its Beneficiary Victor Hugo Vasquez-Arancibia, Victor Hugo Vasquez-Arancibia, Individually, and Cecilia Vasquez-Arancibia, Individually

Texas Supreme Court · Oct 22, 2010

The entities pled lack of notice under the Tort Claims Act and sought dismissal on the basis of sovereign immunity. … It asserts, in part, that sovereign immunity bars the Arancibias ’ claims because section 311.034 makes prerequisites to suit jurisdictional, see Tex.

Texas Pipe Line Co. v. Hunt

228 S.W.2d 151 · Texas Supreme Court · Mar 8, 1950

In such cases from such courts we would clearly have writ of error jurisdiction, if the amount in controversy should exceed $1000, because the cases would be cases appealed from a District Court, and the County Court could … There was in a sense no verdict -at all, because one finding was as good or bad as the other, yet because of the clearly erroneous ratio between them, both could not stand.

Dallas Railway Co. v. Geller

114 Tex. 484 · Texas Supreme Court · Apr 22, 1925

Railroads, 40), provided, however, the rates established are not so unreasonable as to practically destroy the value of *488 the property of the corporation, and thereby depriving it of its property without due process of … Even if construed as a contract, it was still subject to the provisions of the constitution of 1876, which in section 17 of the bill of rights declared that no irrevocable or uncontrollable grant of special privileges or immunities

in Re Facebook, Inc. and Facebook, Inc. D/B/A Instagram

Texas Supreme Court · Jun 25, 2021

No party disputes that the messages sent to Plaintiffs through Facebook or Instagram by sex traffickers qualify as “information provided by another information content provider.” … Understanding this backdrop is crucial in construing “term[s] of art” with “established meaning[s]” in the law. Id.

In Re Davis

52 Tex. Sup. Ct. J. 72 · Texas Supreme Court · Aug 29, 2008

After it has done so, qualified voters of that historical precinct *586 may apply for local option election petitions. Tex. Elec.Code § 501.023(a). … determination of the boundaries would not be exercised under its general power to fix precinct boundaries, but would be an administrative determination incidental to its power to order an election, and would control unless clearly

City of El Paso v. Ruckman

92 Tex. 86 · Texas Supreme Court · May 30, 1898

The rule is well established that when the creation of a public corporation, municipal or quasi-municipal, is authorized by statute and a corporation has been organized under the color of such authority, its corporate existence … our statutes, any town or city not incorporated may by a compliance with their provisions acquire a corporate existence for the sole purpose of managing the free schools within their limits, and in such a case the rule clearly

Lauraine v. Ashe

109 Tex. 69 · Texas Supreme Court · Jun 27, 1917

The relator was appointed temporary administrator of her estate by the County Court of Harris County and duly qualified as such. Later, he was appointed and qualified as permanent administrator. … As to such claims, if the administration be perfected, her administrator may be made a party and the cause proceed to judgment establishing the claims and the liens incident to them, if entitled to be established.

Government Services Insurance Underwriters v. Jones

368 S.W.2d 560 · Texas Supreme Court · May 22, 1963

Yet, as pointed out by the Attorney *563 General in his brief, Alexander Hamilton, in the Federalist Papers (No. 78), clearly-anticipated Marbury v. … Article V, § 25 of the Constitution, reads as follows: “The Supreme Court shall have power to make and establish rules of procedure not inconsistent with the laws of the State for the government of said court and the other

Cartledge v. Wortham

105 Tex. 585 · Texas Supreme Court · Feb 12, 1913

It is an established principle that time is of the substance of an *589 election, and if it be held at a time not authorized by law a valid election does not follow. … The provision in question clearly failed in our opinion as a specification of the^ time of the election, and should be so held.

Charbonneau v. Bouvet

98 Tex. 167 · Texas Supreme Court · Oct 20, 1904

John Bouvet died and Manchester was appointed and qualified as his administrator, to whom Charbonneau duly presented the note, with a small credit upon it, for allowance as a claim against the estate. … This language clearly embraces this case. The question whether or not the same rule should also apply in cases where the principal and surety must be sued jointly was not involved in Willis v.

Koy v. Schneider

221 S.W. 880 · Texas Supreme Court · Apr 21, 1920

Said statute is not clearly .unconstitutional. … The established statutory regulations concerning tests of party fealty are left undisturbed.

State v. Tennison

509 S.W.2d 560 · Texas Supreme Court · May 1, 1974

The clear intent of the legislature was to limit the State’s immunity in tort claims arising from premise defects by imposing the same duty upon the State as that owed by private persons to a licensee on private property. … That duty had been clearly established by the courts of this State. We can only conclude that *563 such duty was not applied by the courts below.

Eanes Independent School District v. Logue

29 Tex. Sup. Ct. J. 550 · Texas Supreme Court · Jul 16, 1986

Officials of the University Interscholastic League (UIL), pursuant to the established rules of the UIL, declared Westlake the winner of the Regional Playoffs. … The UIL rule which allowed Westlake to be declared the winner of the playoffs is clearly a rational rule.

Carpenter v. Sheppard

135 Tex. 413 · Texas Supreme Court · Oct 24, 1940

Sheppard is the duly elected and qualified and acting Comptroller of Public Accounts of the State of Texas, and that Respondent Charley Lockhart is the duly elected and qualified. and acting Treasurer of the State of Texas … When this policy so expressed is established, it “supplants all other laws and rules that are inconsistent with it.” Gillespie v. Lightfoot, 103 Texas 359 , 127 S. W. 799, 801 .

Airway Insurance Co. v. Hank's Flite Center, Inc.

19 Tex. Sup. Ct. J. 217 · Texas Supreme Court · Mar 10, 1976

It was overruled by the trial court, but Airway’s appeal did not clearly complain of this action. … Wagley, 140 Tex. 577 , 169 S.W.2d 478 (1943), we made it clear that it *880 is proper to look to the statement and argument under a point to determine whether it qualified as a “no evidence” point.

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

Texas Supreme Court · Jun 15, 2015

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 the property rights of Texans by narrowly defining public use.

Stephens, Ex Parte

100 Tex. 107 · Texas Supreme Court · Jun 23, 1906

This implies clearly that before a debt can be paid it must be first established and it would seem that before any debt can be established, every one having an interest in the fund would have the right to appear and contest … Or that it should be taken out for distribution among the shareholders before their rights were established by the court ?

Gray v. McCurdy

114 Tex. 217 · Texas Supreme Court · Nov 26, 1924

. *223 The above facts, disclosed by the abtract, establish an acceptance of the trust as executor and trustee, in England and in Texas, by the son alone. … As regards him there was most clearly a vacancy.” In the Matter of George W. Robinson, 37 N. Y., 263 .

Ball, Hutchings & Co. v. Lowell

56 Tex. 579 · Texas Supreme Court · Mar 24, 1882

. *592 In the first place I remark that the allowance, if made, defeats an express lien, clearly valid when given. Unless such be the clearly expressed legislative will, this should not be done. … This is true; but this might happen if the homestead were the property of the last community, and the surviving wife saw fit to qualify as survivor, and to sell the homestead.