Case law

Opinions from 1658 to today.

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  • Anderson v. Brandon

    121 Tex. 188 · Texas Supreme Court · Mar 2, 1932

    -If it - is, then the lien of the plaintiffs in error dates from the 18th day of July, 1924, prior to the time when Anderson established his homestead upon the property. … Said Home Rule Amendment in part provides: “Cities having more than 5,000 inhabitants may, by a majority vote of the qualified voters of said city, at an election held for that purpose, adopt or amend their charters subject

    Cited 22 timesPublished
  • 20801, INC. v. Parker

    51 Tex. Sup. Ct. J. 668 · Texas Supreme Court · Mar 28, 2008

    Requiring such evidence could effectively deprive providers of a protection the Legislature clearly intended. … A provider otherwise qualifying for this protection, then, would need to invoke it only when its policy was not enforced— thus, under the court of appeals’ interpretation, section 106.14(a) would be of no practical use.

    Cited 709 timesPublished
  • 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

    Cited 98 timesPublished
  • 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.

    Cited 449 timesPublished
  • Regal Finance Company, Ltd. and Regal Finance Company II, Ltd. v. Tex Star Motors, Inc.

    Texas Supreme Court · Aug 20, 2010

    The trial court did not include words qualifying the definition as one of several alternative ways Regal could have proven its sales were commercially reasonable. See Tex. Bus. & Comm. Code § 9.627(b )( 3). … The definition did not contain language such as “When the term ‘apparent authority’ is used, it means . . .” or “‘Apparent authority’ is defined as . . .” but it nevertheless clearly was a definition both because of its being

    Cited 0 timesPublished
  • Robinson v. First Natinal Bank

    98 Tex. 184 · Texas Supreme Court · Oct 31, 1904

    If the partnership be already established beyond question, then their admission is unnecessary. Declarations as against a third party are but hearsay and as such are not evidence. … The point was clearly presented in the case of Robbins v.

    Cited 15 timesPublished
  • Lancaster & Wight v. Allen

    110 Tex. 213 · Texas Supreme Court · Jan 14, 1920

    Defendant in error alleged, and offered evidence to establish, that T. 0. … The obvious purpose of the Legislature was to supplant the qualified duty of the common law with an absolute duty deemed by it more just.

    Cited 12 timesPublished
  • in Re Occidental Chemical Corporation, Oxy Ingleside Energy Center, LLC, Oxy Ingleside Lpg Terminal LLC, and Oxy Ingleside Oil Terminal Llc

    561 S.W.3d 146 · Texas Supreme Court · Oct 12, 2018

    The authority to issue mandamus, though not mentioned in the legislative grant, was implied, we said, because “[t]he Act clearly expresses legislative intent that the Court consider the constitutionality of its provisions … San Patricio County agree that their 2003 judgment establishes their boundary as the shoreline.

    Cited 17 timesPublished
  • South Texas Water Authority v. Lomas

    50 Tex. Sup. Ct. J. 698 · Texas Supreme Court · Apr 27, 2007

    We hold that the plaintiffs fail to meet the requirements necessary to establish standing under any of these theories. … The intent to confer a direct benefit upon a third party “must be clearly and fully spelled out or enforcement by the third party must be denied.” MCI Telecomms. Corp., 995 S.W.2d at 651 .

    Cited 196 timesPublished
  • McKelvy v. Barber

    381 S.W.2d 59 · Texas Supreme Court · Jul 8, 1964

    The statutory immunity does not extend, for example, to an independent contractor. See Haynes v. Taylor, Com.App., 35 S.W.2d 104, 38 S.W.2d 1101; Cotton v. … Clearly, the decision of Wood v. Kane Boiler Works, 150 Tex. 191, 238 S.W.2d 172 (1951), does not support the holding of this court in the present case.

    Cited 156 timesPublishedText from a scan
  • Day v. Cross

    2 Tex. L. R. 213 · Texas Supreme Court · Aug 15, 1883

    When other qualifying words are added the more clearly to explain what the intention of the parties was in naming the quantity and allowing the contract to be performed by delivering more or less of it. … Hence the lien was properly foreclosed without a verdict establishing it. Pearce v. Bell, 21 Texas, 691 .

    Cited 0 timesPublished
  • Daniel Greer and Fix the Facts Foundation D/B/A Agendawise v. Salem Abraham

    59 Tex. Sup. Ct. J. 645 · Texas Supreme Court · Apr 15, 2016

    Abraham argued further that, even if the defendants were journalists, the journalist’s qualified testimonial privilege in civil proceedings together with the TCPA’s discovery limitations violated his constitutional right … Garrison, supra, 379 U.S., at 72 n.8, it is clearly of little applicability in the context of an election campaign.” 401 U.S. 265 at 274.

    Cited 51 timesPublished
  • P. J. Willis & Bro. v. Hudson

    72 Tex. 598 · Texas Supreme Court · Feb 5, 1889

    The charge clearly instructed the jury upon the issue on which depended the right of appellee to damages for the conversion of the goods, *608 and stripped the case from everything brought into it in evidence from which the … The court gave this charge after qualifying it as follows: “If the business conducted under the name of Thos. F.

    Cited 11 timesPublished
  • Lantry-Sharpe Contracting Co. v. McCracken

    105 Tex. 407 · Texas Supreme Court · Nov 27, 1912

    The Supreme Court refused to recede from this doctrine in qualifying their approval of the opinion of the Commission of Appeals in the case of Railway v. Smith, 75 Texas, 618 -19.” … We are unable to reconcile the doctrine thus announced with that so clearly established as hereinbefore set out, which amounts to saying that an agent cannot be regarded as the vice-principal of the master unless the authority

    Cited 23 timesPublished
  • Randol Mill Pharmacy, Kvg Enterprises, Inc., Gary G. Daley, John Wayne Bailey, James Robert Forsythe, Kevin Lynn Heide, Julie Knowlton Lubbert, and Cara Morrell v. Stacey Miller and Randy Miller

    Texas Supreme Court · Apr 24, 2015

    A judicial admission “occurs when an assertion of fact is conclusively established in live pleadings.” Id. at 905. … Whether stated as negligence or breach of warranty, these claims rather clearly allege that the pharmacist defendants departed from accepted standards of health care. See Marks v. St.

    Cited 0 timesPublished
  • General Motors Corporation v. Rita L. Iracheta, Administrator of the Estates of David Iracheta, and Edgar Iracheta

    Texas Supreme Court · Apr 8, 2005

    Sanchez’s testimony establishes. … It was Iracheta’s burden to establish Sanchez’s qualifications. [35] Sanchez and Stilson both testified that Sanchez was not qualified to offer an opinion on where the siphoning occurred.

    Cited 0 timesPublished
  • Stevens v. Heirs of Masterson

    90 Tex. 417 · Texas Supreme Court · Feb 25, 1897

    She qualified as such according to law and returned an inventory of the property belonging to the estate. After the death of T.W. Masterson the lands described in the deed from T.G. to T.W. … The evidence of Smith clearly and unmistakably showed that a trust existed and that the title which was in T.W. Masterson was by him held for the benefit of T.G. Masterson.

    Cited 20 timesPublished
  • National County Mutual Fire Insurance Co. v. Johnson

    37 Tex. Sup. Ct. J. 75 · Texas Supreme Court · Oct 27, 1993

    case there is no constitutional challenge to the Act, and it is surely questionable that a statute enacted in 1982, five years prior to this Court’s decision in Price , and which was silent on intra-family tort liability, clearly … Article 5.06-3 of the Insurance Code provides that: No automobile liability insurance policy, including insurance issued pursuant to an assigned risk plan established under authority of Section 35 of the Texas Motor Vehicle

    Cited 47 timesPublished
  • in Re G.S.

    Texas Supreme Court · Apr 22, 2022

    The documents must “clearly indicate on their face that the person is entitled to compensation.” Id. § 103.051(b-1). 2 See TEX. CIV. PRAC. & REM. … The Comptroller has suggested to this Court that G.S. could yet qualify for compensation by convincing the district attorney to file a motion to amend the trial court’s dismissal order in which the district attorney satisfies

    Cited 0 timesPublished
  • Spears v. Davis

    9 Tex. Sup. Ct. J. 224 · Texas Supreme Court · Jan 31, 1966

    As relating to legislative construction or interpretation, it is urged that it is clearly implied in this Article that a Senator's term of office begins before the Legislature convenes. … A-11215 to a writ turns entirely on a proper interpretation of constitutional provisions establishing the beginning and ending dates of his four-year term of office as a Senator.

    Cited 36 timesPublished

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