Case law

Collin Creek Assisted Living Center, Inc. D/B/A/ Dayspring Assisted Living Community v. Christine Faber, Individually and as Heir at Law of Carmelina "millie" Smith

Texas Supreme Court · Jun 30, 2023

An assisted living facility is simply an “establishment” that provides (1) “food and shelter to four or more persons who are unrelated to the proprietor of the establishment,” and (2) either “personal care services” or “administration … Indeed, standards adopted by the Health and Human Services Commission to protect the “health and safety” of residents in assisted living facilities must “clearly differentiate an assisted living facility from [a nursing facility

Johnson v. State

33 Tex. 570 · Texas Supreme Court · Jul 1, 1870

Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas and Arkansas ; and whereas, it is neces-sary that peace and good order should be enforced in said States,, until loyal and republican State governments can be established … General orders, Ho. 74, dated headquarters, fifth military district, April 16. 1870, section four, reads thus: “ All civil officers will continue in the discharge of their present duties until relieved by qualified successors

Wall v. Currie

147 Tex. 127 · Texas Supreme Court · Oct 6, 1948

Plaintiff’s allegations were to the effect that he had been duly elected, had qualified, and was acting as such chairman in accordance with the statutes and *128 law of Texas and the established party practice of the Republican … The special plea presented in connection with the stipulation suggested that it clearly appeared on the face of plaintiff’s first amended original .petition *129 filed Nov. 6, 1947, and from other pleadings filed, that the

Brown v. Brown

61 Tex. 56 · Texas Supreme Court · Feb 5, 1884

It is well established that the husband can make a conveyance to the wife of his separate property, or of the community property, so as to vest the title in her as separate property, provided the rights of creditors are not … The'charge asked by the appellants, and which was refused by the court, very clearly' and correctly presented the true issue in form, substance and language easily understood, while the charge as given was more favorable

United American Insurance Company v. Selby

161 Tex. 162 · Texas Supreme Court · Jul 20, 1960

The provision of the policy pertaining to insurance against loss of time by sickness was clearly one of indemnity. “As s,aid by. Chief Justice Conner, in Federal Surety Co. v. Waite, (Texas Civ. … Where the facts of total incapacity and loss of time are otherwise established without dispute, or contest, as in the case here, reversible error should not be made to rest alone on the mere failure to establish the vital

Brown v. Perez

89 Tex. 282 · Texas Supreme Court · Mar 9, 1896

A long established character for good or for evil is always more striking and more to be relied on than that of a day or a month.” … Hudson extends the rule too far and that it should be so qualified as to bring it within the terms and limitations above stated.

Edinburg Hospital Authority v. Treviño

941 S.W.2d 76 · Texas Supreme Court · Apr 18, 1997

As a result, municipalities enjoyed immunity for more of their functions even though their maximum liability exposure when immunity was waived increased. … Besides the heart, brain, internal organs, and limbs, which are clearly not part of the woman's body, there are other parts such as the umbilical cord that are uniquely part of the baby's body.

Ex Parte Padron

21 Tex. Sup. Ct. J. 360 · Texas Supreme Court · May 10, 1978

The receiver’s deed quotes that part of the latter order which clearly designated E. V. … Padrón established a complete defense to the charge which brought him before the court. Antonio Padrón came into court to defend a charge of constructive civil contempt.

Day v. Cross

59 Tex. 595 · Texas Supreme Court · Jun 8, 1883

When other qualifying words are added, the more clearly to» explain what the intention of the parties was in naming the quantity, and allowing the contract to be performed by delivering more or less of it. … Hence the lien was properly foreclosed without a verdict establishing it. Pearce v. Bell, 21 Tex., 691 .

Gammill v. Jack Williams Chevrolet, Inc.

41 Tex. Sup. Ct. J. 1117 · Texas Supreme Court · Jul 3, 1998

Newton Int’l Enter., 42 F.3d 1266 , 1270 n. 3 (9th Cir.1994) ] (“Dau-bert was clearly confined to the evaluation of scientific expert testimony.”) with Southland Sod Farms v. … Of course, well-established propositions are less likely to be challenged than those that are novel, and they are more handily defended.

Mark Walters v. Brad Livingston, in His Official Capacity as Executive Director, Texas Department of Criminal Justice

Texas Supreme Court · Jun 1, 2015

Martin, 971 S.W.2d 426, 427 (Tex. 1998)(referring to "the common law doctrine of sovereign immunity"). … The Texas Supreme Court has held that a governmental entity by entering into a contract waives immunity from liability for breach of the contract but does not, merely by entering into a contract, waive immunity from suit

Perkins v. State

6 Tex. Sup. Ct. J. 413 · Texas Supreme Court · Apr 17, 1963

Within the North Park Area and outside of Impact reside some 85 qualified voters exclusive of exemption. … The Legislature clearly has the power to validate any defects in the incorporation of Impact, its boundaries and its governmental proceedings and acts.

Carter v. Travelers Insurance

132 Tex. 288 · Texas Supreme Court · Nov 2, 1938

White, who testified after qualifying as a medical expert: “Q. … The trial court’s judgment clearly violates the latter clause of Section 15a of Article 8306, supra.

Federal Land Bank v. Little

130 Tex. 173 · Texas Supreme Court · Jun 30, 1937

While the use of the quoted words is by our statute (Article 1291, Revised Civil Statutes, 1925) made unnecessary for the vesting of the estate in fee simple, they have a well defined meaning and would clearly evidence the … We have examined the facts set out in the agreed statement of facts as to possession of the land in controversy by those under whom plaintiffs in error claim and it is our opinion that such agreed facts do not establish the

City of San Antonio v. Gould

34 Tex. 49 · Texas Supreme Court · Jul 1, 1871

Hemphill, but clearly admit that in a proper case the constitutional inhibition would be mandatory. ‘ We now pass "to a consideration of the plea of non est factum. … A distinction, however, is taken in this respect between a municipal corporation and the corporations of late established by charter or act of parliament, for the purpose of carrying on trading speculations; and where the

Bexar Appraisal District v. Yvondia Johnson

Texas Supreme Court · Jun 7, 2024

Johnson also sought summary judgment, arguing that the evidence conclusively established she met the exemption’s requirements. … Our analysis does not turn on speculation as to whether the Legislature envisioned a particular result but rather depends on what the statute’s text “clearly says.” Id.

Home Indemnity Company v. Mosqueda

15 Tex. Sup. Ct. J. 86 · Texas Supreme Court · Nov 17, 1971

These findings are warranted by the evidence, and in our opinion “justifiable cause” has not been established as a matter of law. … This sentence is clearly inconsistent with, and in our opinion was repealed by, Article 5069-1.05 quoted above.

State v. Standard Oil Co.

130 Tex. 313 · Texas Supreme Court · Jun 16, 1937

Such a construction — one granting immunity to corporations composed of farmers, but at the same time denying immunity to farmers individually and to unincorporated associations of farmers for similar purposes — is of course … These provisions clearly show the Legislature *328 would have enacted the measure notwithstanding the invalidity of the immunity section heretofore quoted.

Farrar v. Board of Trustees of Employees Retirement System

150 Tex. 572 · Texas Supreme Court · Nov 7, 1951

“Prior service” means service rendered as an employee, “as defined in this Act”, prior to establishment of the Employees Retirement System. Then, in 1949, came Art. 6228c, supra, which gave rise to *576 this suit. … III, of the Constitution, supra, clearly restricts teacher retirement benefits to teachers, while Sec. 62, of Art. XVI, supra, with equal clarity restricts employee retirement benefits to employees.

Brown v. City of Galveston

97 Tex. 1 · Texas Supreme Court · Jun 26, 1903

shall continue to be a body politic and corporate with perpetual succession by the name and style of the “City of Galveston,” and as such they and their successors by that name shall have, exercise and enjoy all the rights, immunities … Each of said five commissioners shall hold office for two years from and after the date of his qualification and until his successor shall have been duly appointed or elected, as the case may be, and duly qualified.