Case law

Knight v. International Harvester Credit Corp.

25 Tex. Sup. Ct. J. 135 · Texas Supreme Court · Jan 13, 1982

The court also stated: The evidence in this case establishes that Lewis approached Riverside Bank with one objective; he sought to acquire money. … Had the provision been a part of the sales contract, however, the court noted that the waiver would have been clearly prohibited by article 5069-7.-07(6).

Allard v. Frech

31 Tex. Sup. Ct. J. 371 · Texas Supreme Court · May 4, 1988

As a threshold matter, the retirement plan established by General Dynamics is clearly subject to the provisions of ERISA. … The principles of Texas community property law and probate law, as applied by the majority in this case, clearly relate to ERISA benefits. The state law applied to Mr.

City of Austin v. Nalle

85 Tex. 520 · Texas Supreme Court · May 25, 1893

It clearly has the power to raise money by issuing bonds. In Amy v. … encourage the establishment of manufacturing enterprises.

Smith v. Craddick

471 S.W.2d 375 · Texas Supreme Court · Sep 16, 1971

Kent) as a member of the Texas Legislature, the Republican County Chairman of Midland County, the Republican State Chairman, and as qualified voters, brought this suit as a class action on behalf of all voters of Texas to … Giving all weight and presumption to favor the act of the Legislature, this statute clearly violates the constitution.

Dickson v. Strickland

114 Tex. 176 · Texas Supreme Court · Oct 18, 1924

Does the record as stated establish as a matter of law plaintiff’s theory that James E. … The sixth, and last, certified question is whether plaintiff’s charge was established as a matter of law that Jas. B.

Davis v. East Texas Savings & Loan Association

163 Tex. 361 · Texas Supreme Court · Feb 28, 1962

Evidence in the record clearly indicates that the estate had not been fully administered and the trial judge so found. … Davis from First Federal Savings & Loan Association be established, subject to a due and orderly administration by Mrs. Davis of the estate of L. L. Davis.

Moore v. State

107 Tex. 490 · Texas Supreme Court · Dec 22, 1915

No immunity from injunction against such use of the premises is created by the want of such knowledge on the owner’s part. … If it is established that the nuisance exists, it then be *496 comes simply a question of against whom the writ of injunction may properly run.

Davis v. Skipper

125 Tex. 364 · Texas Supreme Court · Jun 5, 1935

Such an estate is a fee, because by possibility it may endure forever; but “as it depends upon the concurrence of collateral circumstances which qualify and debase the purity of the donation, it is *369 therefore a qualified … Shepard, supra, the holding is clearly set forth in the syllabus, which we quote as follows; “Land, bounded on one side by a street and on another side by a railroad, was conveyed ‘subject to the condition that no building

Manion v. Lockhart

131 Tex. 175 · Texas Supreme Court · Mar 16, 1938

Smith, the duly qualified administrator of the estate of Walter B. Manion, deceased, wound up said estate and deposited certain funds with the State: Treasurer. … It clearly appeal’s from the language used in Article 3644 et seq. that all the funds are to be paid to the State Treasurer, and not into the State Treasury.

Grapevine Excavation v. Maryland Lloyds

35 S.W.3d 1 · Texas Supreme Court · Jan 18, 2001

The Fifth Circuit, seeking to follow our law, has clearly been puzzled. I see no basis to conclude that the issue is settled or that the Legislature has acquiesced in any holding. … Further, the Group Bill Analysis of H.B. 452 explained the exception in some detail, stating that: * * * The proposal to exclude certain insurance contracts and insurers from Article 2226 is an unwarranted grant of immunity

General Motors Corp. v. Iracheta

48 Tex. Sup. Ct. J. 529 · Texas Supreme Court · Apr 8, 2005

Sanchez’s testimony establishes. … It was Iracheta’s burden to establish Sanchez’s qualifications. 35 Sanchez and Stilson both testified that Sanchez was not qualified to offer an opinion on where the siphoning occurred.

Renaissance Medical Foundation v. Rebecca Lugo, Individually and as Next Friend of I.B.

Texas Supreme Court · May 23, 2025

To qualify as an NPHO, the entity must be a nonprofit corporation that is organized solely by persons licensed by the Texas Medical Board for a qualifying purpose—here, the delivery of health care—and is independently certified … The Practice emphasizes that it is not contending NPHOs are immune from liability altogether.

Deacon v. City of Euless

405 S.W.2d 59 · Texas Supreme Court · Jul 6, 1966

Robison, 105 Tex. 426 , 150 S.W. 1149, 1156 (1912), we said: "We recognize the rule that in general Constitutions and statutes operate prospectively; but the exception is as well established as the rule that they may operate … In Blessing this Court declared: "No principle of law is more clearly or firmly settled than that public or municipal corporations, established for public purposes, such as the administration of local or civil government,

City of San Antonio v. Nadine Realme

Texas Supreme Court · Mar 13, 2026

This evidence, it held, “defeats the City’s position that it conclusively established that Realme entered the premises to enjoy nature or the outdoors.” Id. … Under Subsection (L), “any other activity associated with enjoying nature or the outdoors” qualifies as recreation. TEX. CIV. PRAC. & REM. CODE § 75.001(3)(L).

Missouri Pacific R'y Co. v. Christman

65 Tex. 369 · Texas Supreme Court · Jan 29, 1886

The appellee was an employe of the appellant at the time he was injured, and, to entitle him to recover, it was necessary for him to establish, by sufficient evidence, the facts: 1. … The evidence bearing on the question, whether the injury resulted from the negligence of either of these persons, is conflicting; but, if this was clearly shown to be true, the question still remains, whether there is evidence

CSR LTD. v. Link

925 S.W.2d 591 · Texas Supreme Court · Aug 16, 1996

The trial court therefore clearly abused its discretion in denying CSR's special appearance. … These "limited circumstances" are cases involving sovereign immunity, comity and the parent-child relationship.

Ayers v. Lancaster

64 Tex. 305 · Texas Supreme Court · Jul 1, 1885

well identified and established; *311 and of greater force, perhaps, than such landmark, concerning the identity and location of which there is uncertainty or conflict in the proof. … The charge that “ it is as lawful and persuasive to reverse courses as to follow them in the order given in the title,” we think is correct, as it is qualified and controlled by the preceding instruction requiring the jury

Wallace v. First National Bank of Paris

120 Tex. 92 · Texas Supreme Court · Feb 18, 1931

Clearly, 29 Gratt., 451 . … Clearly, 29 Gratt., 451 ; May v. Ritchie, 65 Ala., 602 .”

the Fredericksburg Care Company, L.P. v. Juanita Perez, Virginia Garcia, Paul Zapata, and Sylvia Sanchez, Individually and as All Heirs of Elisa Zapata

Texas Supreme Court · Mar 6, 2015

GOV ’T CODE § 311.023 (establishing principles to assist courts in construing statutes); cf. Lexecon Inc. v. … The Supreme Court distinguished its previous precedent as having applied the Pireno factors to evaluate the phrase “business of insurance” as used in the second MFA clause relating to antitrust immunity. Id. at 504.

Cuney v. Shaw

56 Tex. 435 · Texas Supreme Court · Mar 11, 1882

given by Ouney, his death in 1867, leaving a will under which plaintiffs were his sole legatees and distributees, and appointing his widow and two other persons executors, free from the control of the probate court; the establishment … of the debt and mortgage against the estate by the allowance thereof by the surviving widow, who qualified as executrix, and by the approval of the county judge of Austin county; that at the time of the institution of the