Case law

Todd v. Bruner

365 S.W.2d 155 · Texas Supreme Court · Jan 23, 1963

Josserand in 1903 to some time in 1937, the land here involved was unenclosed grazing land and there was no one holding exclusive possession of the premises so as to qualify under the ten-year statute. … of the relationship thus established and claim of title adversely to that of B; (2) this repudiation and adverse claim must be clearly brought home to B as limitations will only begin to run from that date; (3) there must

Bennett v. Romos

151 Tex. 511 · Texas Supreme Court · Oct 15, 1952

Romos, petitioner’s contention assumes the recital in the 1950 deed to establish that the 1944 conveyance was actually made. … undisclosed time before the 1950 decree, despite the presumption of continuance of a once established status.

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

Jordan Michael Burdick v. State

Texas Supreme Court · Aug 6, 2015

(defendant charged with assaulting a correctional officer could not establish that lost jailhouse video was favorable where “the only evidence concerning the video is that it did not clearly depict the confrontation and did … A showing of negligence does not qualify as bad faith. See Youngblood, 488 U.S. at 58.

Austin Presbyterian Theological Seminary v. Moorman

8 Tex. Sup. Ct. J. 412 · Texas Supreme Court · May 19, 1965

The Court of Civil Appeals concluded that an exercise of the option by Miss Hunnicutt was established by the evidence as a matter of law. … Professor Williston observes that this requirement is often treated as identical with the requirement that an acceptance must not change, add to or qualify the terms of an offer.

State of Texas Ken Paxton, in His Official Capacity as Attorney General of Texas Texas Medical Board And Stephen Brint Carlton, in His Official Capacity as Executive Director of the Texas Medical Board v. Amanda Zurawski Lauren Miller Lauren Hall Anna Zargarian Ashley Brandt Kylie Beaton Jessica Bernardo Samantha Casiano Austin Dennard, D.O. Taylor Edwards Kiersten Hogan Lauren Van Vleet Elizabeth Weller Damla Karsan, M.D., on Behalf of Herself and Her Patients And Judy Levison, M.D., M.P.H., on Behalf of Herself and Her Patients

Texas Supreme Court · May 31, 2024

[and] invites arbitrary and discriminatory enforcement by failing to establish guidelines for those charged with enforcing the law.” Comm’n for Law. Discipline v. … To qualify for the Act’s exception at issue here, it must be shown (among other things) that, “in the exercise of reasonable medical judgment, the pregnant female on whom the abortion is performed, induced, or attempted has

TEXAS EMPLOYERS'INSURANCE ASS'N v. Etheredge

154 Tex. 1 · Texas Supreme Court · Nov 10, 1954

The time element qualifies, and is itself heavily qualified by, the density of concentration of free silica constituting the exposure. … We proceed to hold further that the evidence does not in fact so establish. Dr.

L. Waterbury & Co. v. City of Laredo

68 Tex. 565 · Texas Supreme Court · Jun 25, 1887

Davis was so employed and retained by said city, and that he rendered all of the legal services requisite to establish the privileges and immunities of said city. 4. … So much of the contract seems to us clearly invalid.

Old American County Mutual Fire Insurance Co. v. Sanchez

48 Tex. Sup. Ct. J. 75 · Texas Supreme Court · Oct 22, 2004

Sanchez did not qualify as an “insured named in the policy,” because she was not explicitly named in the policy. Id. at 460. … The Board expressed that its intent behind the promulgation of the new standard policy was “to state more clearly the contract between the insured and insurer.” Id.

Jones v. Gibbs

133 Tex. 627 · Texas Supreme Court · Jul 5, 1939

Plaintiff in error, her surviving husband, was appointed and qualified as administrator of her estate. Jones and wife failed to pay taxes on the land for the years 1923 to 1931, inclusive. G. A. … option rights, contains the following: "It becomes necessary now to present the view that these rules, the strict enforcement of which was so much insisted upon by the early decisions, are, nevertheless, subject to, and qualified

Helix Energy Solutions Group, Inc., Helix Well Ops, Inc., and Helix Offshore International, Inc. v. Kelvin Gold

60 Tex. Sup. Ct. J. 1318 · Texas Supreme Court · Jun 16, 2017

The deposition testimony of Gold does not call into question any of the objective characteristics of the 534 established above. … One can always conceive of a bigger, more extensive conversion than the one at hand, but that is ho reason to withhold summary judgment in a case falling clearly on the major-overhaul side of the spectrum.

Fort Worth Osteopathic Hospital, Inc., D/B/A Osteopathic Medical Center of Texas, Craig Smith, D.O., and Reid Culton, D.O. v. Tara Reese and Donnie Reese, Individually and as Legal Representatives of the Estate of Clarence Cecil Reese

Texas Supreme Court · Aug 27, 2004

An analysis of the factors traditionally considered by courts establishes that Witty and its progeny are weak precedent. … Tortfeasors have no long-settled expectation of immunity from causes of action arising out of negligent conduct that results in the prenatal death of a viable fetus. Cf . Moragne v.

Delta County v. Blackburn

100 Tex. 51 · Texas Supreme Court · May 30, 1906

Thurmond ( 56 Texas, 514 ), it was broadly stated that the statute did not run against a county, for the reason that it was a part of the State, performing a portion of its governmental functions and entitled to the immunity … The two cases just referred to bring out clearly the relation of the counties and their Commissioners’ Court as trustees, to carry out the behests of the State in the management of the school fund committed to their control

Hines v. Baker

112 Tex. 484 · Texas Supreme Court · Feb 28, 1923

For the courts to take this matter out of their hands would clearly constitute an invasion of their constitutional prerogatives. … So, the legislature established this general requirement of fences in the most effective manner possible.

Bivins v. Proctor

125 Tex. 137 · Texas Supreme Court · Mar 27, 1935

the general rule, or even qualify it, but are cases where the proof established a particular fact situation by which it was. shown that there was in reality a specific agreement which fixed the rights and liabilities of … The burden resting upon the plaintiffs was met when such relationship- was established, and the burden of proof necessarily rested upon defendants to establish by a preponderance of the evidence a special agreement qualifying

Portland Gasoline Co. v. Superior Marketing Co.

150 Tex. 533 · Texas Supreme Court · Nov 28, 1951

other and the probability that men in the circumstances of the parties would enter into one agreement or the other are competent for consideration on the question as to what the agreement was which the written contract established … It is claimed by respondents that Paragraph 5 qualifies the contract so as to take it out of the “output” cases, and causes the contract to be void for want of mutuality in that it leaves the delivery of any product to the

Permian Oil Co. v. Smith

129 Tex. 413 · Texas Supreme Court · May 17, 1937

In a proceeding terminating in a judgment, the position must be clearly inconsistent, the parties must be the same, and the same questions must be involved." … After qualifying as such she filed what purported to be a complete inventory of all the property belonging to said estate.

Southwestern Bell Telephone Co. v. Garza

48 Tex. Sup. Ct. J. 226 · 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. … “Clear and convincing evidence” means the measure or degree of proof that produces a firm belief or conviction of the truth of the allegations sought to be established.

Stooksbury v. Swan

85 Tex. 563 · Texas Supreme Court · Jun 15, 1893

Such a conclusion can not be reached without weighing the evidence on which it is based, and a declaration of the result of that process is a charge or comment on the weight of evidence as clearly as would be a declaration … This is but a presumption of fact, subject to be rebutted; but as it is fixed by positive law, a court would be authorized to inform a jury of *573 the existence of the presumption, so qualifying the charge as to not make

in Re Copart, Inc., Copart of Houston, Inc., and Houston Copart Salvage Auto Auctions, Lp

Texas Supreme Court · Mar 12, 2021

Mandamus is an extraordinary remedy requiring the relator to show that (1) the trial court clearly abused its discretion and (2) the relator lacks an adequate remedy by appeal. In re Prudential Ins. … observe 8 Ordaz read and send the emails or electronically execute the agreement, we agree with Copart that such knowledge has no bearing on Sirles’s status as a witness qualified