Case law

Bell v. Low Income Women of Texas

46 Tex. Sup. Ct. J. 309 · Texas Supreme Court · Dec 31, 2002

Clearly, the Equal Rights Amendment is directed at just such purposeful gender-based discrimination. … The restriction clearly serves those purposes, and it is not for us to second-guess the Legislature’s policy choices.

Guadalupe-Blanco River Authority v. City of San Antonio

145 Tex. 611 · Texas Supreme Court · Feb 26, 1947

We therefore hold that it was not necessary to secure the approval of the qualified voters in order to authorize the execution of the lease contract. … Very clearly, the parties contemplated that this more specific provision contained in the lease contract should control the general' provision contained in the indenture.

City of Baytown v. Alan Schrock

Texas Supreme Court · May 13, 2022

It is clearly true that the Texas Takings Clause is broader than the federal Takings Clause—but how much broader, and under what circumstances? … Rigorous and serious requirements for establishing causation and damages will ensure that worthy claims, but only worthy claims, will both proceed and merit full compensation.

In Re Palomo

55 Tex. Sup. Ct. J. 643 · Texas Supreme Court · Apr 27, 2012

established legal duty. … The statements establish only the time period during which the claim was being made.

Holland v. Couts

100 Tex. 232 · Texas Supreme Court · Dec 5, 1906

App., 76), in the latter of which a writ of error was refused by this court, establish the doctrine that a suit in the District Court by a next friend, in behalf of an insane person, is properly brought. … This will was also probated, and the appellants accepted the appointment, and duly qualified as such. At the time of the death of Mrs.

McRoberts v. Ryals

863 S.W.2d 450 · Texas Supreme Court · Nov 17, 1993

The order of severance, however, appears to be filed in the parent cause, trial court number 86-1630-M, and, as such, is clearly interlocutory with respect to the parent cause. … But with all due respect to the dissent, we have so frequently and expressly qualified Phil-brook that we ought not to hear from the dissent that Richards v.

Anderson, Adm'x. Et Vir v. Armstrong

132 Tex. 122 · Texas Supreme Court · Oct 26, 1938

The opinion of the Court of Civil Appeals clearly shows that the finding of misapplication of funds was predicated directly upon the action of Armstrong in appropriating the funds of the estate under the purported allowance … It therefore appears that the order approving the final account of plaintiff was wholly void, in so far as it purported to establish allowance of attorney's fees to defendant, or to establish the amount of commissions allowed

National Collegiate Athletic Assn. v. Yeo

48 Tex. Sup. Ct. J. 1016 · Texas Supreme Court · Aug 26, 2005

I, § 19 ("No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.”). 2 . 695 S.W.2d 556, 561 (Tex.1985 … Roth, 408 U.S. at 577 , 92 S.Ct. 2701 ("To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Heb Ministries, Inc., Southern Bible Institute, and Hispanic Bible Institute v. Texas Higher Education Coordinating Board and Commissioner Raymund Paredes

Texas Supreme Court · Aug 31, 2007

State Regulation of Issuance of Degrees by a Religious Institution Religious beliefs are immune from government regulation. See Cantwell v. Connecticut , 310 U.S. 296, 303 (1940). … The Supreme Court established these standards in several cases over the years.

Scurlock Oil Co. v. Smithwick

30 Tex. Sup. Ct. J. 74 · Texas Supreme Court · Nov 26, 1986

Next we consider whether Scurlock waived the error of admitting clearly incompetent evidence. … “Most courts adhere to the answer established in federal decisions.

Hott v. Yarborough

112 Tex. 179 · Texas Supreme Court · Dec 13, 1922

This immunity rests on obvious grounds of public policy and convenience. Odgers on Libel and Slander, p. 86; Starkie on Slander and Libel, 246.” … Clearly this was a confidential communication to the foreman of the grand jury in his capacity as such touching a matter within the official duties of the body over which he presided.

Duhig v. Peavy-Moore Lumber Co.

135 Tex. 503 · Texas Supreme Court · Oct 16, 1940

It is our opinion that the statement in the deed, that the land described is the same tract as that formerly owned by Talbot-Duhig Lumber Company and conveyed to Duhig by Talbot, is not intended to define or qualify the estate … writer believes that the judgment of the Court of Civil Appeals should be affirmed for substantially the same reasons as those set out in the opinion of that court, that is, that the language of the deed as a whole does not clearly

Herring v. Houston National Exchange Bank

113 Tex. 337 · Texas Supreme Court · Nov 15, 1923

Binford, Sheriff, were clearly in violation of said order of this Court. … To do so would be a contravention of the well established rule applicable to these extraordinary writs.

Foster v. City of Waco

113 Tex. 352 · Texas Supreme Court · Nov 21, 1923

A majority of that court held the City had authority to execute and deliver the notes without submitting that question to the qualified voters of the City, and affirmed the judgment, Associate Justice Jenkins dissenting. … The reasons given in these cases apply with equal force to the subject now before us, and clearly demonstrate, we believe, that the mere grant of authority to purchase cemetery grounds, in view of the other Articles of the

in Re Carolyn Frost Keenan

60 Tex. Sup. Ct. J. 9 · Texas Supreme Court · Sep 30, 2016

A writ of mandamus will only issue if the trial court clearly abused its discretion and relator has no adequate remedy by appeal. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004). … Section 209.00594(c) states that only a person qualified to 4 tabulate votes in a property owners’ association election “may be given access to the ballots.”

Houston & Texas Central Railway Co. v. State

95 Tex. 507 · Texas Supreme Court · May 27, 1902

Clearly a section of twenty-five miles of railroad is not in running order without side tracks. … They show the policy of the convention as clearly as they would, have shown it had they taken effect as laws.

Volkswagen of America, Inc. v. Ramirez

48 Tex. Sup. Ct. J. 256 · Texas Supreme Court · Dec 31, 2004

Volkswagen subsequently moved for a new trial on the basis that the verdict was rendered by only nine qualified jurors. … Because Volkswagen’s initial objection to the evidence complied with Texas Rule of Appellate Procedure 33.1(a) and its requested running objection clearly identified the source and specific subject matter of the expected

Hubbard v. Lagow

21 Tex. Sup. Ct. J. 406 · Texas Supreme Court · May 31, 1978

Furthermore, the Supreme Court in Cavanaugh noted the long-established principle enunciated in Smith v. … Clearly, under the Bankruptcy Act a receiver in bankruptcy succeeds to all the rights and interests of the bankrupt, including any interests in or defenses to pending lawsuits.

Worthy v. Collagen Corp.

41 Tex. Sup. Ct. J. 424 · Texas Supreme Court · Feb 13, 1998

Clearly, the provision prohibits a state from passing a law that directly conflicts with an FDA regulation or order regarding how a device is to be made. … A plurality of the Supreme Court read the last clause as not limiting personal injury lawsuits in any way, but this was clearly not the view of a majority.

Lewis v. METROPOLITAN S. & L. ASS'N

550 S.W.2d 11 · Texas Supreme Court · Mar 9, 1977

What occurs, then, at the administrative hearing becomes of paramount importance in the statutory procedures established by Article 852a. … In our view, the evidence reflected in Exhibit 34 was clearly competent and relevant and the error in its exclusion required the reversal by the Court of Civil Appeals of the judgment of the trial court and the remand of