Case law

Primestar Construction, Inc. v. City of Dallas, Texas

Texas Supreme Court · Mar 27, 2018

To invoke collateral estoppel, a party must establish: (1) the same facts sought to be litigated in the second suit were fully litigated in the first suit, (2) those facts were essential to the judgment or final order … The appellate record in this case clearly shows that the Appellee and the Appellant entered into a contract and that the Appellant brought its cause of action for breach of the contract by the Appellee, pursuant to the

Smithwick v. Kelly

79 Tex. 564 · Texas Supreme Court · Feb 10, 1891

The will and codicil were probated and letters testamentary granted to Carson and Follain and they qualified as executors. … It clearly appears that Carson and Follain qualified as executors, and that they were acting in that capacity when the mortgage was given, foreclosed, and sale made under it; and it must be held that what they did was done

Taylor, Bastrop & Houston Railway Co. v. Warner

88 Tex. 642 · Texas Supreme Court · Nov 18, 1895

The instructions thereafter given did not in any way qualify these charges. … But this fact is not so clearly established by undisputed evidence as to justify us in saying that the charge given by the court did not result in injury to the railway company.

Saint Louis, Arkansas & Texas Railway Co. v. Johnston

78 Tex. 536 · Texas Supreme Court · Nov 25, 1890

The witnesses qualified as experts. … The damages suffered in cases of this character are not capable of being established by direct proof.

Glass v. Smith

150 Tex. 632 · Texas Supreme Court · Nov 28, 1951

All offices and positions in the Fire Department or Police Department shall be established by ordinance of the City Council or governing body * * *". … To my mind, this can mean only that the classification can be established wholly, solely and only by the Commission.

Totalenergies E&P USA, Inc. v. Mp Gulf of Mexico, LLC

Texas Supreme Court · Jun 9, 2023

evidence of the parties’ delegation of issues of arbitrability to an arbitrator,” but we again did not address the issue because that case involved the separate question of whether parties could agree to delegate governmental-immunity … the existence of an arbitration agreement” and then establish that “the arbitration agreement covers” the claims asserted.

Jones v. Parker

67 Tex. 76 · Texas Supreme Court · Nov 30, 1886

It is his duty to pay all such as have been allowed and approved or otherwise established. … All expenditures for the safe keeping and management of the estate ought, upon being established by evidence, also to be allowed.

Deacon v. City of Euless

405 S.W.2d 64 · Texas Supreme Court · Jul 6, 1966

total amount of territory which may be annexed in any one (1) calendar year, there shall be excluded from such ten per cent (10%) the following: (1) territory caused to be an *61 nexed by a request of a majority of the qualified … 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,

Broussard v. Moon

11 Tex. Sup. Ct. J. 602 · Texas Supreme Court · Jul 24, 1968

But as far as setting something on fire, I wouldn’t be qualified to say. That machine is all porcelain and steel; there is no plastic like a lot of dishwashers have. This machine is solid steel.” … Such is clearly not the situation here.

Carrollton-Farmers Branch Independent School District v. Edgewood Independent School District

35 Tex. Sup. Ct. J. 374 · Texas Supreme Court · Jan 30, 1992

The fact that each CED’s collection rate will vary is a thin distinction to draw between a state-established tax rate and a locally-established tax rate. Walker, supra, at 19 (footnotes omitted). … Felderhoff, 473 S.W.2d 928, 933 (Tex.1971) (limiting parental immunity). . American Trucking Ass’ns, Inc. v.

Totalenergies E&P USA, Inc. v. Mp Gulf of Mexico, LLC

Texas Supreme Court · Apr 14, 2023

To establish the Common System, the parties entered into two separate written contracts. … This is a two-step process, requiring the party to “first establish the existence of an arbitration agreement” and then establish that “the arbitration agreement covers” the claims asserted.

Yetter v. Hudson

57 Tex. 604 · Texas Supreme Court · Dec 21, 1882

defendant under his agreements and undertakings, including therein the obligation to pay $1,600 as a forfeit or stipulated damages; and that the latter instrument was not referred to nor its effect and operation meant to be qualified … Whilst the plaintiffs’ petition disclaimed the true construction of the contract, and asserted pretensions for a measure of damages which a proper interpretation of the contract clearly denied to them, yet they did not relinquish

Barnett v. Matagorda Rice & Irrigation Co.

98 Tex. 355 · Texas Supreme Court · Dec 15, 1904

In the use and control of its streets, a municipal corporation, in the absence of qualifying statutory provisions, has the same rights with respect to the disposition of surface Avater as have OAA'ners of land generally; … The distinction is clearly stated in the opinions of Justices Fly and Neill. 57 S. W. Rep., 314 , 315.

Farley v. Prudential Insurance Company

15 Tex. Sup. Ct. J. 304 · Texas Supreme Court · Apr 26, 1972

Bill testified that he had to personally take charge of the change of beneficiary matter because his office had undergone an almost complete change-over in personnel and the new men were not qualified to handle the task. … The record clearly raises a material issue of fact. The motion for summary judgment should have been denied.

Collingsworth County v. Allred

120 Tex. 473 · Texas Supreme Court · Jun 10, 1931

Section 2 of article 2 of the Constitution, as adopted in 1876, is as-follows: “The construction of jails, courthouses and bridges, and the establishment of county poor houses and farms, and the laying out, construction and … It is altogether probable that if they desired to take away the power then possessed by counties, leaving them completely without means to construct necessary courthouses and jails, language clearly evidencing such a purpose

Sears, Roebuck & Company v. Robinson

154 Tex. 336 · Texas Supreme Court · May 4, 1955

This rendered defenses of contributory negligence and assumed risk unavailable; nevertheless, as Sears insists, before Robinson can recover he must establish that it was guilty of negligence. … Certainly the concept should not be so extended when its extension would serve to defeat and nullify the obvious and clearly expressed intention of the Legislature to take away from the nonsubscribing employer the defense

Howards v. Davis

6 Tex. 174 · Texas Supreme Court · Jul 1, 1851

That they were all executed simultaneously is clearly established by tlie evidence. … That a trustee cannot be the purchaser of a trust estate without leave of the court is an established rule in equity. A mortgagee is a trustee, but in a qualified sense.

Milliken v. City Council

54 Tex. 388 · Texas Supreme Court · Mar 11, 1881

in keeping or maintaining or establishing any house or place of prostitution within the corporate limits of the city of Weatherford. “ Sec. … Under proper rules of construction, the ordinance, being penal in its character and working a forfeiture of office, should not be held to embrace by intendment what is clearly not within its language.

City of Amarillo v. Amarillo Lodge No. 731, AF & AM

16 Tex. Sup. Ct. J. 109 · Texas Supreme Court · Nov 29, 1972

The parties here have not agreed that the activities of respondents are only partly charitable, but that conclusion is clearly supported by the stipulation of facts in this case. … There is nothing in the record to support the conclusion that the lodge work is incidental, and respondents had the burden of establishing their right to the exemption. Morris v.

In Re Ford Motor Co.

48 Tex. Sup. Ct. J. 808 · Texas Supreme Court · May 27, 2005

Because Ford’s motion was filed more than thirty days before the scheduled trial date and met the statutory requirements, the trial court was without discretion to deny the motion unless Fuentes established her entitlement … Finally, Robert Fuentes explains that he is not qualified to provide the treatment that his wife requires.