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

In Re Bass

46 Tex. Sup. Ct. J. 988 · Texas Supreme Court · Jul 3, 2003

Bass clearly recognizes the encumbrance of the royalty interests that the other McGill brothers own. … -Austin 1999, pet. denied) (all six factors “must be established by a claimant”). Not surprisingly, the McGills argue that in order for the seismic data to qualify as a trade secret, Bass must satisfy all six factors.

Spofford v. Bennet

55 Tex. 293 · Texas Supreme Court · May 31, 1881

The question is unlike that which arises in cases where there is a failure by the board to indorse their express approval of genuineness and legality, as they did do in respect to this certificate, and where they have qualified … of the board of commissioners in *303 favor of the genuineness of the certificate, however clearly and conclusively shown, is wholly immaterial, in view of the fact that their report shows that they failed to recommend it

O'Brien v. Amerman

112 Tex. 254 · Texas Supreme Court · Dec 20, 1922

The principles so clearly enunciated in Chief Justice Gaines’ opinion in Clark, Sheriff v. Finley, Comptroller, 93 Texas, 177 , 54 S. … Hence, no valid objection to the law is to be found in the authority conferred on the governing board of the city to establish and enforce rates and regulations for *260 pilotage. Wayman v.

Morgan Drive Away, Inc. v. Railroad Commission of Texas

16 Tex. Sup. Ct. J. 295 · Texas Supreme Court · Apr 25, 1973

Quite clearly there are no findings of fact that are full and complete in pointing out such inadequacies in detail. … Applicant has established by substantial evidence that the service proposed is required by the public convenience and necessity, and has established further that the service it proposes will result in a material improvement

Tolleson v. Rogan, Commissioner

96 Tex. 424 · Texas Supreme Court · Apr 18, 1903

Plainly this change is of no importance to indicate a change in the nature of the immunity from sale intended to be given. … Besides, in the Act of 1891, we find the same language “shall not be sold” clearly used only to give a protection to the lessee and not to make a reservation to the State.

International & Great Northern Railway Co. v. Dawson

111 Tex. 247 · Texas Supreme Court · Jun 1, 1921

A receiver cannot exercise the franchises and powers of a railroad company and at the same time claim immunity from the police regulations and liabilities which have been imposed upon a railroad company by statute. … If a fair construction of the language used in the law, in view of the purpose of its enactment, will embrace the acts of the defendant shown by the evidence, then the evidence establishes a cause of action against the *252

Newby v. Haltaman

43 Tex. 314 · Texas Supreme Court · Jul 1, 1875

There was other evidence going to corroborate the testimony of Boseman and to establish the genuineness of the deed. Abraham Haltaman was well known in Cabarrus county, where he resided for many years. … It is not satisfactorily shown that the witnesses had been examined with a view to ascertain whether they were qualified to testify as experts, but there being sufficient competent evidence to warrant the verdict, it is not

Masterson v. Diocese of Northwest Texas

56 Tex. Sup. Ct. J. 1048 · Texas Supreme Court · Aug 30, 2013

The donation was for the purpose of establishing a mission church. … A majority vote of the duly qualified voters of the Parish will be necessary to approve an amendment to these By-Laws. .

INSURANCE OF STATE OF PENNSYLAVANIA v. Muro

54 Tex. Sup. Ct. J. 1716 · Texas Supreme Court · Aug 26, 2011

It refused to pay benefits beyond 401 weeks, asserting that Muro’s circumstances did not qualify her for lifetime income. … Clearly, the old law is conflicted on the purpose served by its six enumerated injuries.

Patterson & Wallace v. Frazer

100 Tex. 103 · Texas Supreme Court · Jun 21, 1906

The words proved embodied fully that charge and the other words proved did not modify or qualify the slanderous charge. … This charge, in fact, informs the jury that the undisputed evidence establishes that Mrs. Moore uttered to Mrs.

Commissioners Court of Titus County v. Agan

40 Tex. Sup. Ct. J. 355 · Texas Supreme Court · Feb 21, 1997

This section establishes the County Treasurer’s office, but gives the Legislature the responsibility to prescribe the treasurer’s duties. … The Legislature established the County Treasurer’s duties in § 113 of the Local Government Code.

Wallace v. Howell

29 Tex. Sup. Ct. J. 267 · Texas Supreme Court · Mar 12, 1986

The same equitable principles are clearly applicable in the present action. … The law is well established that any constitutional or statutory provision which restricts the right to seek public office should be construed against ineligibility. See Hall v.

Peek v. Beery

143 Tex. 294 · Texas Supreme Court · Dec 6, 1944

On the question of limitation it must be recognized that this suit is an action primarily to declare and establish a trust, and, when the same has been established, for recovery of the title to the trust property, both real … Such, clearly, is not the purpose of this beneficial act. It was designed to help an honest poor suitor in establishing his just claims in a court of justice, not to put into his hands a weapon of offense.

In Re Sanchez

45 Tex. Sup. Ct. J. 1257 · Texas Supreme Court · Aug 29, 2002

Here, San Juan chose to establish a filing deadline that differs from the deadline in Election Code section 143.007. … We reject Ramirez’s contention that Election Code sections 144.005 and 143.008 show the Legislature “clearly reserved for itself regulation in this area.”

State ex rel. Rector v. McClelland

148 Tex. 372 · Texas Supreme Court · Nov 30, 1949

District Court of Harris County, Texas, for the 133rd Judicial District of Texas, in a quo warrant proceeding instituted by the State of Texas, on relation of Carl Rector et al., against Clem McClelland, the duly appointed and qualified … W. 817 , did not hold that the Legislature was not authorized to establish an additional court.

City of Denison v. Municipal Gas Co.

117 Tex. 291 · Texas Supreme Court · Feb 22, 1928

commissioners first elected after this amendment goes into effect shall hold office as follows: One shall serve two years, and one four years, and one six years, their terms to be decided by lot, immediately after they shall have qualified … and invest them with such adequate powers as it may deem advisable; thus clearly leaving to the Legislature the creation of the agencies to accomplish these purposes.

Alamo Heights Independent School District v. Catherine Clark

Texas Supreme Court · Apr 6, 2018

Jurisdictional Standard The TCHRA “clearly and unambiguously waives” governmental immunity, Mission Consol. Indep. Sch. Dist. v. … First, we must clarify what Clark’s evidence must establish to obtain the TCHRA’s waiver of immunity and thus the trial court’s jurisdiction.

In re Lipsky

58 Tex. Sup. Ct. J. 707 · Texas Supreme Court · Apr 24, 2015

And whether a statement qualifies as defamation per se is generally a question of law. Id. … Although an interlocutory appeal is clearly the appropriate remedy going forward, we nevertheless consider the issues presented here in the context of the original mandamus proceedings filed in this Court. .The court of appeals

Allstate Insurance Company v. Ruth Hallman

Texas Supreme Court · Mar 11, 2005

The trial court held that the act was unconstitutional but found that sovereign immunity barred the farm workers’ request for attorney’s fees. Id . … The court of appeals held that the case was moot and that attorney’s fees were barred by sovereign immunity. Id . at 150-151. We disagreed, holding: Clearly, a controversy exists between the farm workers and TEC.