Case law

Kennedy v. Upshaw

66 Tex. 442 · Texas Supreme Court · Jun 18, 1886

evidence which would overcome that introduced to establish the codicil. … The fact that the execution of a codicil operates as a republication of a will of which it, in legal effect, becomes a part when it clearly identifies it, has no bearing upon the question before us.

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.

March v. State

44 Tex. 64 · Texas Supreme Court · Jul 1, 1875

They are, however, District Courts, qualified by the adjective “criminal,” of equal dignity within their sphere with the District Courts. They derive their being from the same high source, the Constitution. … It is pretty clearly established that there were four or five bottles of liquor taken to the jury-room during the deliberations in this case.

Basic Capital Management, Inc. v. Dynex Commercial, Inc.

54 Tex. Sup. Ct. J. 781 · Texas Supreme Court · Apr 1, 2011

Petitioners sued Dynex for breach of the Commitment, alleging that as a result, transactions that would have qualified for funding were financed elsewhere at higher rates or not at all. … In sum, the evidence establishes that Dynex clearly knew how the Commitment would be used. Indeed, it would be surprising if Dynex had agreed to lend Basic $160 million without such knowledge.

City of Sherman v. Henry

928 S.W.2d 464 · Texas Supreme Court · Sep 19, 1996

At the hearing, Chief Pi-lant admitted that Henry was very qualified for the sergeant’s position. … Despite this authority, Henry claims that two lower federal court cases establish that his conduct is protected by a constitutional right to privacy. In Briggs v.

Robert Masterson, Mark Brown, George Butler, Charles Westbrook, Richey Oliver, Craig Porter, Sharon Weber, June Smith, Rita Baker, Stephanie Peddy, Billie Ruth Hodges, Dallas Christian, and the Episcopal Church of the Good Shepherd v. the Diocese of Northwest Texas, the Rev. Celia Ellery, Don Griffis, and Michael Ryan

Texas Supreme Court · Aug 30, 2013

The donation was for the purpose of establishing a mission church. … footnote in Jones wherein the Supreme Court noted that “a claim that retroactive application of a neutral-principles approach infringes free-exercise rights” was not involved in that case since the Georgia Supreme Court “clearly

James T. Taylor & Son, Inc. v. Arlington Independent School District

160 Tex. 617 · Texas Supreme Court · Apr 27, 1960

meaning and will furnish cause, if established, for holding a mistake of the offending bidder to be one not remediable in equity. … Even a clearly established negligence may not of itself be a sufficient ground for refusing relief, if it appears that the other party has not been prejudiced thereby. * * * 2 Pom. Eq. Juris. (3rd Ed.) Sec. 856.”

Missouri, Kansas & Texas Railway Co. v. W. T. Carter & Brother

95 Tex. 461 · Texas Supreme Court · May 12, 1902

A railroad company when not contracting in its character of common carrier has the same right of contract as other corporations or persons, and in many instances may make contracts for immunity from liability on account of … The express company cases before cited are thoroughly analogous in principle to this case and establish clearly the ■distinction which exists between contracts limiting the liability of railroads as common carriers and contracts

Werlein v. Calvert

14 Tex. Sup. Ct. J. 72 · Texas Supreme Court · Nov 11, 1970

The state of being destitute of an incumbent, or a proper or legally qualified officer. Ashcroft v. Goodman, 139 Tenn. 625 , 202 S.W. 939 .” … He would continue to serve in this latter position or office until he reached the mandatory retirement age of seventy-five established by Article V of the Constitution.

Tawes v. Barnes

54 Tex. Sup. Ct. J. 857 · Texas Supreme Court · Apr 15, 2011

Finally, denial of Barnes’s third-party beneficiary claim comports with established Texas case law. … The Dominion-Moose Agreements here clearly lack such required language.

Rorie v. City of Galveston

14 Tex. Sup. Ct. J. 486 · Texas Supreme Court · Jul 28, 1971

Although the City’s activities clearly bring it within this definition, there is nothing to suggest that Strachan is either a common carrier by water or “other person subject to this chapter” within the meaning of the statute … We recognize the general rule that a common carrier cannot stipulate for immunity from its own negligence. See United States v. Atlantic Mut. Ins. Co., 343 U.S. 236 , 72 S.Ct. 666 , 96 L.Ed. 907 ; Boston & M. R. Co. v.

State v. Smith

12 Tex. Sup. Ct. J. 92 · Texas Supreme Court · Nov 6, 1968

In support of its position, the State cites certain other specific lien articles in Title 122A 3 which it asserts are for the same reasons immune from the filing requirements contained in the 1961 amendment to Article 1.07 … Rope, that the phrase “property used,” appearing in Article 21.04(2), is unambiguous and quite clearly includes property employed by the owner or operator in the operation of the amusement in which he holds less than full

Higgins v. Randall County Sheriff's Office

51 Tex. Sup. Ct. J. 911 · Texas Supreme Court · May 16, 2008

However, Higgins did clearly attest that he had no cur *688 rent or expected income of any kind, and that he had no prospects for receiving any money in the future. … Further, as we indicated in Higgins I, “common sense” supports the notion that an incarcerated individual is highly unlikely to qualify for loans, and Higgins is not represented by counsel. 193 S.W.3d at 900 (quoting Allred

Gordon v. Lake

163 Tex. 392 · Texas Supreme Court · Apr 4, 1962

The excepted corporations may not be organized under or adopt its terms, but their organization under other applicable laws is clearly contemplated thereby. … The words used in the proviso clause "provided however" qualify or modify the exception of trust companies.

Leland v. Brandal

51 Tex. Sup. Ct. J. 1046 · Texas Supreme Court · Jun 13, 2008

Because the amended version refers to "the original petition," which clearly pinpoints the date the suit was filed in court, Leland reasons the earlier language must mean something different. … enacting section 74.351, the Legislature intended to favor the public interest over the private interests of particular plaintiffs. [9] Grace periods and extensions were concessions the Legislature made while trying to establish

Rhodes v. Gibbs

39 Tex. 432 · Texas Supreme Court · Jul 1, 1873

The petition set up the death of the husband, and that the wife has qualified as survivor of the community, and prayed for judgment against her in her individual and • representative character and for a decree of foreclosure … Sydnor) clearly recognizes the authority of a married woman to encumber her property by' deed of trust, without averment of the uses for which the-debt was contracted.

Jordan v. Peak

38 Tex. 429 · Texas Supreme Court · Jul 1, 1873

“A mortgage not only creates a lien, but operates to transfer to the mortgagee a qualified or conditional estate.” (Porter v. Creen, 4 Iowa.) … That such a power is valid is now well established, not only by this court, but, so far as we can discover, by all the courts in this country and England.

Bexar County Hospital District v. Crosby

160 Tex. 116 · Texas Supreme Court · Jul 15, 1959

seventy-five ($.75) cents on the One Hundred ($100.00) Dollar valuation of all taxable property within such district, provided, however, that such district shall be approved at an election held for that purpose, and that only qualified … The entire Act must be viewed to determine whether or not, as a whole, it clearly forbids the transfer of the delinquent taxes when collected.

Texas Democratic Executive Committee v. Rains

31 Tex. Sup. Ct. J. 645 · Texas Supreme Court · Aug 24, 1988

REV.CIV.STAT. art. 17 (1969), that effective date may be impossible, for the law provides: Persons elected to unexpired terms in the various state ... offices ... shall be entitled to qualify and assume the duties of their … The dissenting opinion also poses and answers a question which is "hypothetical, `iffy' and contingent" and would have the court violate well-established precedent by giving an advisory opinion. Firemen's Ins.

Miller v. Widow & Heirs of Menke

56 Tex. 539 · Texas Supreme Court · Jan 15, 1881

So construed, it limits, restricts and qualifies the purview. How ? … In the case at bar, as has already been said by this court, “the entire sentence as framed clearly and properly expresses the intention;” and we venture to suggest that no court has ever permitted an intention, when clearly