Case law

Gulf, Texas & Western Railway Co. v. Dickey

108 Tex. 126 · Texas Supreme Court · Jun 7, 1916

The ■established rule is that repeals by implication are not favored, and will not be indulged unless the two statutes are in irreconcilable conflict. … The phrase, “the foregoing articles,” very clearly relates, we think, to the articles which would and do precede it in chapter 19, giving amended article 2061 its proper place in that chapter.

Bledsoe v. International Railroad

40 Tex. 537 · Texas Supreme Court · Jul 1, 1874

4, Section 1, of the Constitution, named as an officer of the executive department in connection with the other officers there named; and the opinion of. the court refers to this fact as extending to him some undefined immunity … On appeal to this court the judgment of the District Court was reversed, on the grounds that petitioners had omitted to state in their pleadings that they were qualified citizens of Cass county, and that the duty-was not

Ferguson v. Maddox

114 Tex. 85 · Texas Supreme Court · Jun 12, 1924

Maddox, a resident and qualified democratic voter of Harris County, against James B. … The Constitution, in the matter of impeachment of the officers mentioned in Section 2 of Article XV, is clearly self-executing. It needs no aid from the Legislature.

Elliff v. Texon Drilling. Co.

146 Tex. 575 · Texas Supreme Court · Mar 3, 1948

It is further established, nevertheless, that these minerals will migrate across property lines towards any low pressure area created by production from the common pool. … But from the very nature of this theory the right of each land holder is qualified, and is limited to legitimate operations.

Employees Retirement System of Texas v. Xavier Duenez and Irene Duenez

Texas Supreme Court · Jul 3, 2009

There is much argument with citation of many cases to establish the long-recognized general principle that no person may sue himself. … They do not engage in the academic pastime of rendering judgments in favor of persons against themselves. 2 The court of appeals should have dismissed this interlocutory appeal. 3 The Court’s opinion does not clearly set

Lentz v. City of Dallas

96 Tex. 258 · Texas Supreme Court · Feb 23, 1903

Upon these grounds the authority to establish such regulations has been supported with little dissent. … tended to show that the bars were broken and there is much other evidence as to the condition of the grating, but whether there was any to which the word misplaced would have applied so as to make its use material, we do not clearly

Randol Mill Pharmacy v. Miller

58 Tex. Sup. Ct. J. 733 · Texas Supreme Court · Apr 24, 2015

Whether stated as negligence or breach of warranty, these claims rather clearly allege that the pharmacist defendants departed from accepted standards of health care. See Marks v. St. … A judicial admission "occurs when an assertion of fact is conclusively established in live pleadings.” Id. at 905 .

Barrow-Shaver Resources Company v. Carrizo Oil & Gas, Inc.

Texas Supreme Court · Jun 28, 2019

directness and clarity.”); Express Consent, BLACK’S LAW DICTIONARY (11th ed. 2019) (“Consent that is clearly and unmistakably stated.”). … While the second option, a qualified right to withhold consent, could vary depending on the standard adopted, the choice here was binary—an unqualified, absolute right to prevent an assignment, or a qualified, limited right

Murray v. San Jacinto Agency, Inc.

800 S.W.2d 826 · Texas Supreme Court · Jan 23, 1991

The trial court granted ECISD’s motion for summary judgment on the ground that governmental immunity precluded suit against the school district. … This holding comports with well-established precedent and other authorities. See, e.g., S.

Holloway v. Skinner

898 S.W.2d 793 · Texas Supreme Court · Jun 8, 1995

In most cases, however, this qualification is not an issue because the alleged tortfeasor is clearly a stranger to the contract. … We decline to depart from established Texas law on this issue. .

City of Fort Worth v. Howerton

149 Tex. 614 · Texas Supreme Court · Jan 31, 1951

sixty-fifth birthday, or have been employed by such city or town for more than twenty-five (25) years and have passed their sixtieth birthday, when and if, but only when and if, such system has been approved at an election by the qualified … Clearly this creates a conflict, and the rights accrued under the constitutional provision must prevail.

Masterson v. Harris

107 Tex. 73 · Texas Supreme Court · Mar 17, 1915

Clearly not, unless the necessary effect of its express provision is to require that construction. … It is clearly held in Clark v.

Roberts v. Williamson

46 Tex. Sup. Ct. J. 944 · Texas Supreme Court · Jul 3, 2003

Rather, we stated the test to be whether “the offering party [has] established] that the expert has ‘knowledge, skill, experience, training, or education’ regarding the specific issue before the court which would qualify … Unlike Broders , where the record failed to establish the emergency-room doctor’s qualifications, the record here does establish Dr. McGehee’s.

Roy v. Whitaker

92 Tex. 346 · Texas Supreme Court · Dec 19, 1898

appointed by the court upon the failure of the executor to qualify. … Withers, above cited, the testator appointed two executors, only one of whom qualified.

in Re Diocese of Lubbock

Texas Supreme Court · Jun 11, 2021

However desirable the outcome of today’s decision may be in this particular case, the precedential effect of the Court’s holding will apply to every group that asserts a religious identity and will immunize defamatory statements … No matter how pure their intent, religious organizations cannot immunize themselves from court inquiries regarding such important societal concerns merely by incorporating those concerns into their religious doctrine.

Burroughs Knight v. Lyles, Co. Chm.

142 Tex. 704 · Texas Supreme Court · Jun 24, 1944

Such a construction would result in this Court’s reshaping the entire Act, and such a holding would be contrary to well-established rules. Texas-Louisiana Power Co. v. City of Farmersville (Com. App.) 67 S. … Very clearly, he is ineligible to hold the latter office. Revised Statutes, Articles 2927 and 2928, read as follows: “Art. 2927.

In Re Living Centers of Texas, Inc.

49 Tex. Sup. Ct. J. 37 · Texas Supreme Court · Oct 14, 2005

To qualify as a nursing peer review committee, nurses must comprise at least three-fourths of the membership of the committee. Id. § 303.003(a). … In addition to the privilege log, a prima facie case for the privilege must be established by testimony or affidavit.

Davis v. East Texas Savings & Loan Ass'n

354 S.W.2d 926 · 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.

Leitch v. Hornsby

40 Tex. Sup. Ct. J. 159 · Texas Supreme Court · Dec 13, 1996

Well-established law guides our evaluation of a no evidence point of error. … Whidden’s earlier answer, that the “lift belt would have eliminated this injury,” would establish proximate cause if Whidden had been a properly qualified expert witness. However, Mr.

Carothers v. McIlhenny Co.

63 Tex. 138 · Texas Supreme Court · Jan 27, 1885

In another part of the charge the court qualified the force of the above proposition as follows: “The ground on which the attachment was sued out was that L. W. … Carothers, but it did not establish the fact that such charge was probably true.