Case law

Ochsner v. Ochsner

59 Tex. Sup. Ct. J. 1359 · 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.

McAskill v. Terrell

113 Tex. 500 · Texas Supreme Court · Mar 12, 1924

This ruling we think is clearly erroneous. … It follows that the relator established his right to the writ of mandamus, but its issuance has become unnecessary because of the last order of the District Judge.

Samlowski v. Wooten

54 Tex. Sup. Ct. J. 574 · Texas Supreme Court · Feb 25, 2011

P. 329b (establishing timeline for filing certain motions); Tex.R.App. … The Legislature clearly contemplated that trial courts would grant extensions when reports contained varying degrees of deficiencies. See Tex. Civ. Prac. & Rem.

Presley's Heirs v. Robinson

1 Tex. L. R. 597 · Texas Supreme Court · Dec 15, 1882

Murrell, 46 Texas, 51 ,); or if he converted it into other property, their rights to it would attach so long as it could be clearly traced and identified. In addition to his homestead rights, Thomas A. … established.

Maloy v. Wagner

147 Tex. 486 · Texas Supreme Court · Feb 2, 1949

Since the rule as promulgated for this Court by Chief Justice Phillips in the Bridgewater case is now firmly established, it is set out herein. … The factual pattern of the Bridgewater case and the principal question there decided, are clearly disclosed by the present Chief Justice (then a member of the Commission of Appeals) in an oppinion written by him and adopted

Cox v. Thee Evergreen Church

836 S.W.2d 167 · Texas Supreme Court · Sep 9, 1992

The court held that, by enacting the statutes, the legislature established associations as separate legal entities. Id. … The Court’s decision is at cross-purposes with the irrefutably clear legislative intent revealed in the Charitable Immunity Act.

Palestine Water & Power Co. v. City of Palestine

40 L.R.A. 203 · Texas Supreme Court · Mar 7, 1898

“The evidence clearly shows that the water furnished by the company in the summer of 1893, and since the summer of 1895 and up to three or four weeks ago, was neither clear nor wholesome, but was unfit for *545 domestic purposes … The city council of the City of Palestine being divided in opinion as to whether the city should establish and operate its own water works, submitted to the qualified voters the question in these forms—“for city ownership

in Re Interest of N.G., a Child

577 S.W.3d 230 · Texas Supreme Court · May 17, 2019

In Texas, “[n]o 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.” TEX. CONST. art. … Additionally, when a court of appeals reverses a finding based on insufficient evidence, the court must “detail the evidence relevant to the issue of parental termination and clearly state why the evidence is insufficient

Central & Montgomery Railroad v. Morris & Crawford

68 Tex. 49 · Texas Supreme Court · Mar 8, 1887

It is well established that a railroad company can not transfer or lease the right to operate its r.oad, so as to absolve itself from its'duties to the public, without legislative authority. … I't can claim no immunity from the ordinary rule of practice by reason of its failure to appear and make defense to the action.

Yamada v. Friend

54 Tex. Sup. Ct. J. 382 · Texas Supreme Court · Dec 17, 2010

filed suit against the nursing home based in part on claims that the home failed to hire and train appropriate personnel to monitor Ru-bio, failed to provide twenty-four-hour nursing services from a sufficient number of qualified … Clearly, particular actions or omissions underlying health care liability claims can be highlighted and alleged to be breaches of ordinary standards of care.

Pham, Con Mahn

Texas Supreme Court · Jun 24, 2015

Appellant does not contend that Rush does not qualify as an expert under Rule 702. … If we find no evidence supporting the finding, we then determine whether the contrary was established as a matter of law. Id.

State Board of Insurance v. Petroleum Casualty Co.

13 Tex. Sup. Ct. J. 69 · Texas Supreme Court · Nov 12, 1969

The problem is whether this type of investment is nevertheless a tax reducing Texas security under the omnibus clause of the definition which qualifies investments "in any other property in this State in which by law such … The rule thus announced in City of Graham was staunchly adhered to in spite of *670 the fact that the legislative history of the statute, as pointed out in the dissenting opinion of Justice Smith ( 354 S.W.2d 126 -128), clearly

Love v. Wilcox

119 Tex. 256 · Texas Supreme Court · Jun 4, 1930

Before one can be entitled to a mandamus from this Court under the statute he must establish his case on uncontroverted facts, as under the other statutes already upheld. … This case comes clearly within the class of cases involving the enforcement of the sovereignty of the State and the protection of the citizen’s right to effective participation in his state’s government.

Freeport Independent School District v. Common School District No. 31

115 Tex. 133 · Texas Supreme Court · Nov 18, 1925

the boundaries of said Common School District, as the same was established by the school trustees of Brazoria County. … He clearly thought that individuals, adversely affected, could sue to prevent the commission of a void act.

Wiess v. Goodhue

98 Tex. 274 · Texas Supreme Court · Nov 28, 1904

“We hold that title by limitation of ten years is established beyond controversy as against V. Wiess, and this disposes of the assignment questioning the action of the court in assuming the fact to be -established.” … Those provisions clearly confer the legal title to the one-half of the estate upon the children and must be given effect, unless other provisions in the will clearly indicate an intention to the contrary.

TIME, INC. v. Maryland Casualty Company

157 Tex. 121 · Texas Supreme Court · Mar 13, 1957

Limiting language of that very character was used to qualify insureds of class (1) and was used again to qualify injured fellow employees in paragraph (a). … The quoted provisions of Rule 94 were intended to supersede this rule of pleading established by court decisions.

City of Houston v. Jessica Zuniga

Texas Supreme Court · Jun 13, 2025

The two subsections require different elements for notice that qualifies. … On its face, § 101.101(c) itself appears to provide that clarity: It “simply, clearly, and unambiguously” explains the requirements for actual notice in contrast to those of formal notice.

State v. Southern Pacific Railroad

24 Tex. 80 · Texas Supreme Court · Jul 1, 1859

It is upon that principle, that privileges and immunities are conferred on the officers of the State. … This is clearly within the constitutional power of the State. A consideration of the well settled principles of law, in reference to the design and objects of the charter, will establish this view of the subject.

Hancock v. Butler

21 Tex. 804 · Texas Supreme Court · Jul 1, 1858

Hence our decisions have not always kept pace with the English decisions in disregarding the qualifying words which formerly in their own Courts took the case out of the rule. … Grew, (2 Wils. 222,) to establish that the words “ lawful issue ” in that will, stood in the place and had the same force as the words “ heirs of the body.”

Northern County Mutual Insurance Co. v. Davalos

47 Tex. Sup. Ct. J. 786 · Texas Supreme Court · Jul 2, 2004

Because the insurer interfered with that decision, Davalos concludes that Northern tendered only a qualified defense. We disagree. … Northern argues that the court of appeals erred in affirming the award under article 21.55 because the statute clearly applies only to first-party claims. See id.