Case law

Beer v. Landman

88 Tex. 450 · Texas Supreme Court · Jun 27, 1895

For there can be no doubt that the indorsement and delivery of the negotiable notes to appellants, as security, vested in them the legal title thereto, and a qualified interest therein. … And under such circumstances, the maxim, ‘ in pari delicto, potior est conditio possidentis,’ clearly applies, and is decisive of the case.” In the case of King v.

Norris v. Thomas

50 Tex. Sup. Ct. J. 398 · Texas Supreme Court · Feb 9, 2007

as a homestead. 19 Cullers established that a house can be a homestead even if the owner has no ownership interest in the land. … We hold that Norris’s boat remains a movable chattel; it does not rest “thereon” or “on the land” as Texas homestead law clearly requires; it has not become a permanent part of the real estate; and it has not sufficiently

San Antonio Retail Grocers, Inc. v. Lafferty

156 Tex. 574 · Texas Supreme Court · Jan 9, 1957

Section 8 requires defendants and witnesses to testify in injunction proceedings and grants to such defendants and witnesses immunity from criminal prosecution. … The precise evil at which the Act is directed does not clearly appear from its terms.

Lanius v. Fletcher

100 Tex. 550 · Texas Supreme Court · May 8, 1907

And on the day of 1904 said will was duly probated "in the County Court of Cooke County, Texas, and the said Lanius qualified as executor thereof and has since then been acting as such executor and as trustee for the portion … The exception is as well established as the rule, yet we have found no case in which it has been applied except where the bequest was for a charity in another State or country.

Southwestern Bell Telephone Company v. David Garza

Texas Supreme Court · Dec 31, 2004

Garza was also allowed to spend much of his workday studying in the library to qualify for other company positions. He tested for other jobs but did not qualify. … Code § 103.004(a) (immunity from liability for disclosure of false information by employer); Tex . Nat . Res . Code § 191.021(d) (designation of landmark status of university building); Tex . Prob.

Sanders v. Harder

148 Tex. 593 · Texas Supreme Court · Feb 8, 1950

The court qualified the respondent’s bill of exceptions by stating that he did not ask for a continuance. … Had a continuance been requested and granted, there clearly would have been a substantial compliance with the rule.

Preston A. Ochsner v. Victoria v. Ochsner

Texas Supreme Court · Jun 24, 2016

Rather, it is language the Court uses to justify its (1) failing to properly apply a well-established standard of review, (2) countermanding specific language in the 2001 decree contrary to established precedent, and (3 … I cannot go along with Court’s failing to abide by well- established principles for interpreting decrees.

Koy v. Schneider

110 Tex. 369 · Texas Supreme Court · Apr 21, 1920

Said statute is not clearly unconstitutional. … The established statutory regulations concerning tests of party fealty are left undisturbed.

Cartwright v. Hollis

5 Tex. 152 · Texas Supreme Court · Dec 15, 1849

This position of disability or immunity of the wife was not always recognized at law'. In Corbett v. Poelnitz (1 T. … This disability to become security, with certain exceptions not necessary to be noticed, was an immunity common to the sex, and applicable to femes sole, as well as to married women.

In Re Martin Lee Kay

Texas Supreme Court · Jun 13, 2025

We therefore conditionally grant mandamus relief and direct the court of appeals to consider in the first instance whether Kay conclusively established the adequacy of his alternative security. … “Mandamus will issue only if a court has clearly abused its discretion . . . .” In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135- 36 (Tex. 2004).

Woods v. Reilly

147 Tex. 586 · Texas Supreme Court · Mar 2, 1949

Upon the organization of the Teachers’ Retirement System she duly established her membership in the System. … No person not qualified under the Constitution or the statutes is originally eligible to receive benefits under the Retirement Act.

St. Louis Southwestern Railway Co. v. Goldstein

112 Tex. 97 · Texas Supreme Court · Nov 29, 1922

Defendant’s witnesses, who qualified as experts, testified that in the trade and among dealers in lead the character of pig lead is determined by the form in which it is melted; that when used lead has been melted into bar … The cardinal object sought to be attained by the Act of Congress to Regulate Commerce was the establishment and maintenance of reasonable and uniform rates.

C. B. Carswell & Co. v. Habberzettle

99 Tex. 1 · Texas Supreme Court · May 1, 1905

Carswell & Co.; that the defendant is a resident citizen of Hill County, Texas, and is the duly appointed, qualified and acting administrator of - the estate of George Walter, deceased, who departed this life on or about … Clearly the state, county and city had a lien upon the land as well for the penalties and costs as for the taxes themselves; and we fail to see any principle upon which it can be claimed that any duty was devolved upon the

Railroad Com'n of Texas v. Lone Star Gas Co.

36 Tex. Sup. Ct. J. 436 · Texas Supreme Court · Dec 31, 1992

Although the “legislature has the authority to delegate its powers to agencies established to carry-out legislative purposes ... [,] it must establish reasonable standards to guide the entity to which the powers are delegated … When “the legislature delegates its authority, and establishes broad standards, it may leave to ...

T. & P. R'y Co. v. Durrett

57 Tex. 48 · Texas Supreme Court · Apr 28, 1882

Ruggles, 7 Ohio St., 1 ), or a qualified determinable fee, liable only to be divested if the estate is used for purposes other than that contemplated by the conveyance. State v. Brown, 3 Dutcher, 13. … The evidence was conflicting, but there was evidence amply sufficient to sustain the verdict; at least it is not so clearly excessive as to authorize this court to set it aside.

City of Terrell v. Howard

130 Tex. 459 · Texas Supreme Court · Jan 5, 1938

It is established that plaintiff did not file notice *462 of having received his injuries until 74 days after they were sustained. … Obviously the effect of the amendment viewed in its entirety is clearly to violate plaintiff’s constitutional guaranty that “All courts shall be open, and every person for an injury done to him in his * * * person * * * shall

Guynes v. Galveston County

861 S.W.2d 861 · Texas Supreme Court · Oct 27, 1993

Article 5, section 21 of the Texas Constitution provides that: A County Attorney, for counties in which there is not a resident Criminal District Attorney, shall be elected by the qualified voters of each county.... … We note also that in this case Criminal District Attorney Guarino has clearly and unequivocally consented to the present arrangement for handling the county’s civil legal affairs.

County of Tom Green v. Moody

116 Tex. 299 · Texas Supreme Court · Dec 23, 1926

And, it is clearly our duty to prefer that construction of the statutes which relieves them from attack on grave constitutional grounds rather than to adopt a construction no more definitely required by the language used, … W., 918 , “The establishment of public highways being primarily a function of government belong to the State, the right to establish them resides primarily in the Legislature, and in the absence of constitutional restrictions

Central Education Agency v. Independent School District

152 Tex. 56 · Texas Supreme Court · Jan 14, 1953

“The rule is universal that the courts will not declare an act of the Legislature unconstitutional, unless such infirmity and vice clearly appears. … The principle is so well established as to call for the citation of no authority that any bill not clearly inhibited by the State Constitution or the higher law of the Federal Constitution may be enacted into a valid law

HEB Ministries, Inc. v. Texas Higher Education Coordinating Board

50 Tex. Sup. Ct. J. 1094 · Texas Supreme Court · Aug 31, 2007

We think sections 61.304 and 61.313(a) clearly effectuate a state preference for one model of religious education over others, a preference that the Establishment Clause simply does not permit. … with certificates clearly reflecting that such instruction is religious.