Case law

Weidner v. Crowther

157 Tex. 240 · Texas Supreme Court · Apr 24, 1957

Weidner, son of Hugo Weidner by his second marriage, to establish and enforce the terms of the joint and mutual will of the said Hugo Weidner and his second wife, Sophie Weidner, to the end that an undivided one-third interest … She refused to qualify as executrix under the will and elected “not to accept any other terms and conditions named in the will.”

University of Texas Southwestern Medical Center at Dallas v. Estate of Arancibia Ex Rel. Vasquez-Arancibia

54 Tex. Sup. Ct. J. 128 · Texas Supreme Court · Oct 22, 2010

The Texas Tort Claims act waives immunity from suit "to the extent of liability created by [the Act]." TEX. CIV. PRAC. & REM.CODE § 101.025(a). … The entities pled lack of notice under the Tort Claims Act and sought dismissal on the basis of sovereign immunity.

City of San Antonio v. Tenorio ex rel. Tenorio

543 S.W.3d 772 · Texas Supreme Court · Mar 23, 2018

But Cathey did not establish that kind of rule. … The only "harm" in overruling Cathey is that governmental units will not have immunity in cases in which the Legislature has unambiguously waived their immunity. 5.

Moreland v. Atchison

19 Tex. 303 · Texas Supreme Court · Jul 1, 1857

eases may exhibit, as to the cases where the purchaser of land will be entitled to have the contract rescinded, or to be relieved against securities given for the purchase money, where there is no charge of fraud, it is clearly … it has been the constant practice of Courts of Chancery to grant relief, where the case did not depend upon a mere mistake of law, stripped of all other circumstances, but upon an admixture of other ingredients, going to establish

Office of Attorney General of Texas v. Burton

55 Tex. Sup. Ct. J. 850 · Texas Supreme Court · Jun 8, 2012

Burton’s disability also qualified his son to receive $481 a month in social security benefits. … No one at the hearing, however, produced any social security documentation establishing the amount of benefits paid to the child.

Jefferson County, Texas v. Jefferson County Constables Association

546 S.W.3d 661 · Texas Supreme Court · Apr 13, 2018

Deputy constables must “qualify in the manner provided for deputy sheriffs.” TEX. LOC. … Other peace officers are commissioned by and serve entities that clearly do not qualify as police departments, such as school districts, water control and improvement districts, and hospital districts. TEX. CODE CRIM.

San Jacinto River Authority v. Vicente Medina, Ashley Medina & Aris Antoniou

Texas Supreme Court · Apr 16, 2021

Redressability is the element of standing most clearly implicated in this case. This “concept has been ingrained” in American “jurisprudence from the beginning.” Steel Co. v. … Id.12 Thus, when immunity from suit is waived but immunity from liability is not, a court’s judgment for a plaintiff, even if uncollectable without an appropriation, nonetheless establishes the government’s legal

Ward v. McKenzie

33 Tex. 297 · Texas Supreme Court · Jul 1, 1870

Reps., 302.) *319 This was a voluntary conveyance of an insolvent debtor, as established by the proof upon the trial. … This court, therefore, as mere expounders of the law, and not its makers, can see no reason to qualify the announcement of the rule in the case Rogers & Oliver v. Patterson.

West End Town Co. v. Grigg

93 Tex. 451 · Texas Supreme Court · Mar 26, 1900

The purpose of Grigg and wife to establish their homestead upon the lots at some future time, if able to erect a residence upon it, did not make it a homestead, but the making of the contract under which that residence was … The facts found by the trial court clearly show that there was no homestead exemption in favor of Grigg and wife at the time this contract was made, and the trial court erred in refusing to enter judgment foreclosing the

Bell v. Hill

123 Tex. 531 · Texas Supreme Court · Jul 20, 1934

In order that we may understand the questions involved in this case, it is essential that we clearly comprehend. the nature of a political party, such as the Democratic Party. … We are clearly of the opinion that the resolution passed by the Democratic State Convention at Houston was a valid resolution under the power clearly guaranteed to that body by the Bill of Rights of this State; and that since

Hatton v. State Board of Control

146 Tex. 160 · Texas Supreme Court · Aug 5, 1947

And unless both propositions are established by the verdict, the accused must be discharged. Art. 5553, R. S. 1925; Goodwin v. Boggus et al (Civ. App.) 53 S. W. (2d) 646 . … We think the statute in question is clearly and necessarily cumulative.

Porter v. Wilson

8 Tex. Sup. Ct. J. 341 · Texas Supreme Court · Apr 7, 1965

McKinna, 23 Tex. 36 (1859), had under consideration the question of whether a tax deed would afford the basis for establishing title under the five-year statute. … Our disposition of the Wilsons’ claim of title under the Five Year Statute of Limitations makes it clear that the Brights recognized the title to Lots 21 and 24 as having been excluded from their deed. *658 Clearly, the Brights

Hill County v. Sheppard

142 Tex. 358 · Texas Supreme Court · Feb 23, 1944

He shall hold his office for the period of two years and until his successor is elected and qualified. … To ignore the legislative intent so clearly expressed in the bill would be “an inexcusable breach of judicial duty” and “an unwarranted interference with the exercise of lawful legislative authority.” Love v.

Goldman v. Blum

58 Tex. 630 · Texas Supreme Court · Mar 30, 1883

as the one in question, even of paper clearly negotiable, was not absolutely void, but gave the transferee a claim upon the note in the nature of a- lien. … This, too, was really a suit to establish a rejected claim against the estate of a deceased person, and was also in effect a bill in equity for the foreclosure of a lien on real estate secured by a deed of trust, which deed

Reynolds Land & Cattle Co. v. McCabe

72 Tex. 57 · Texas Supreme Court · Nov 20, 1888

The 29th section of the “Act to establish and maintain a system of free schools,” etc., passed at the special session of the Eighteenth Legislature, held in 1884, provides that “it shall be the duty of the County Commissioners … The word “subdivide” is clearly used with reference to the existing division of the State into counties, and therefore the section must be read as if the Legislature had said, “the State being already divided into counties

Rhone-Poulenc, Inc. v. Steel

42 Tex. Sup. Ct. J. 927 · Texas Supreme Court · Jul 1, 1999

Burden of Proof Rule 166a provides a method of summarily terminating a case when it clearly appears that only a question of law is involved and that there is no genuine fact issue. See Swilley v. … Rule 166a(e) clearly requires that Rhone, as the moving party, has the burden to establish that no material fact issue exists and that it is entitled to judgment as a matter of law. See Tex.R. Civ.

Stone v. Dorsett

18 Tex. 700 · Texas Supreme Court · Jul 1, 1857

At the February Term, 1855, of the County Court, judgment was given in both causes ; on the first, establishing the paper as a will, and admitting it to probate and record, but refusing to recognize Stone as executor under … not good ground for refusing letters testamentary to an executor, yet the rule does not hold as to letters to testamentary guardians, who are in effect prohibited from interfering with the estate of the minors until they qualify

Pressley's Heirs v. Robinson

57 Tex. 453 · Texas Supreme Court · Jul 6, 1882

Murrell, 46 Tex., 51 ); or, if he converted it into other property, their rights to it would attach so long as it could be clearly traced and identified. In addition to his homestead rights, Thomas A. … established.

In Re Oncor Electric Delivery Co. LLC; Oncor Electric Delivery Co. Ntu LLC; Aep Texas Inc.; American Electric Power Co.; Centerpoint Energy Houston Electric, LLC; And Centerpoint Energy, Inc.

Texas Supreme Court · Jun 27, 2025

Discussion Mandamus relief is proper when the respondent “clearly abused its discretion” and the relator has “no adequate remedy by appeal.” In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004). … “When a trial court fails ‘to analyze or apply the law correctly,’ it has clearly abused its discretion.” In re Sherwin-Williams Co., 668 S.W.3d 368, 370 (Tex. 2023) (quoting Walker v.

McGalliard v. Kuhlmann

30 Tex. Sup. Ct. J. 96 · Texas Supreme Court · Dec 3, 1986

. ****** The court of appeals held that the cost of repair was established at $113,088.31 as a matter of law. … The fact that McFarland was the only witness who was qualified as an “expert” is not controlling. It has long been the rule of this State that opinion testimony does not establish any material fact as a matter of law.