Case law

Burnett v. Atteberry

105 Tex. 119 · Texas Supreme Court · Apr 3, 1912

Atteberry qualified as temporary administrator of said estate and on the 8th day of September, 1906, qualified as permanent administrator of the said estate of O. W. Spradling, deceased, with will annexed. … The general rule has its exceptions, and the facts of this case as conceded and shown by the record bring it clearly, we think, under the exception.

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.

Dougherty v. Humphrey

11 Tex. Sup. Ct. J. 243 · Texas Supreme Court · Feb 28, 1968

Humphrey qualified as Independent Executor and was administering the estate of J. W. Dougherty at the time this suit was filed. … W. had in the property if Callie died first, established that one of the children would be a co-executor of the estate with Callie if J. W. were the first to die.

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

Bart Dalton v. Carol Dalton

Texas Supreme Court · Jun 29, 2018

Although the “duty to give effect to [the order] clearly results from the full faith and credit clause, the modes of procedure to enforce the collection may not be the same in both states.” Sistare v. … of any qualified domestic relations order.”

County of Dallas v. Wiland

50 Tex. Sup. Ct. J. 425 · Texas Supreme Court · Feb 16, 2007

We conclude that the existence of just cause has never been established. … Jensen, 876 F.2d 1385, 1389 (9th Cir.1989) (finding "no clearly established constitutional right to substantive due process protection of continued public employment” in Ninth Circuit as of 1984)). .

Kee v. Baber

157 Tex. 387 · Texas Supreme Court · May 29, 1957

The power of the Legislature or an administrative board having rule-making authority to prescribe such procedures cannot be questioned unless it clearly appears that the rebuttable presumption bears no logical relationship … to the ultimate fact or conclusion sought to be established.

Speer v. Presbyterian Children's Home & Service Agency

36 Tex. Sup. Ct. J. 511 · Texas Supreme Court · Feb 3, 1993

The trial court granted the declaratory relief sought, but found that sovereign immunity barred the requested award of attorneys fees. … First, the Agency had to establish that it was a religious corporation.

Board of Water Eng of State v. Cty of San Antonio

155 Tex. 111 · Texas Supreme Court · Oct 26, 1955

feasibility of any water appropriation or use of water” in certain large quantities, upon approval and filing of which by the Board, the study may be made and a priority for the corresponding work and water appropriation established … Actually Sec. 14 of Art. 7047 dealt with the tax on “loan brokers,” and accordingly the amendment was held void, notwithstanding that its caption reference to Sec. 14 of Art. 7047 (loan brokers) was qualified by the words

City of San Antonio v. Pollock

52 Tex. Sup. Ct. J. 665 · Texas Supreme Court · May 1, 2009

Garbage removal and disposal is a governmental function [10] for which the City is immune from liability, but the Pollocks contend that governmental immunity does not bar their recovery for nuisance and negligence. … The City argues that the Tort Claims Act does not apply in this case because the Pollocks failed to establish a claim within its narrow waiver of immunity.

City of San Antonio v. Charles Pollock and Tracy Pollock, Individually and as Next Friends of Sarah Jane Pollock, a Minor Child

Texas Supreme Court · May 1, 2009

The City argues that the Tort Claims Act does not apply in this case because the Pollocks failed to establish a claim within its narrow waiver of immunity. … It has been mentioned that benzene is associated with acute myeloid leukemia; however, the overall data clearly does not indicate association limited to AML but also to ALL.

Allen Keller Co. v. Foreman

54 Tex. Sup. Ct. J. 850 · Texas Supreme Court · Apr 15, 2011

Finally, the court of appeals held that Keller had not established as a matter of law that it did not proximately cause the accident that led to Courtney’s death. Id. at 433 . … notion that although a contractor is found to have performed negligent work or left premises in an unsafe condition and such action or negligence is found to be a proximate cause of injury, he must nevertheless be held immune

R.R. Street & Co. v. Pilgrim Enterprises, Inc.

48 Tex. Sup. Ct. J. 833 · Texas Supreme Court · Jun 10, 2005

And clearly it is not enough to establish arranger status that Street supplied the PCE and equipment to Pilgrim, maintained the equipment that it supplied, or knew how Pilgrim was disposing of the waste that was generated … In order for the recycling process in question to constitute the “processing” of solid waste, the PCE being recycled must itself qualify as solid waste. It does not.

TEXAS EMPLOYERS INSURANCE ASS'N v. Hubbard

17 Tex. Sup. Ct. J. 448 · Texas Supreme Court · Sep 24, 1974

. *531 Hubbard relies on two reasons to establish good cause for his delay in filing a claim with the Industrial Accident Board: a belief that his injuries were trivial, and reliance on Dr. … The clearly marked distinction between Wilson and the instant case is an affirmative medical opinion that a condition or disability is not job connected in one instance and the inability of the doctor in the other to say

First Baptist Church of San Antonio v. Bexar County Appraisal Review Board

35 Tex. Sup. Ct. J. 835 · Texas Supreme Court · Jun 10, 1992

Section 11.20 of the Texas Tax Code establishes the criteria for determining if a religious organization qualifies for a tax exemption. … Nor do the church's rights of access to the parking lots establish primary use of the property.

In the interest of C.H.

45 Tex. Sup. Ct. J. 1000 · Texas Supreme Court · Jul 3, 2002

The court of appeals concluded: [T]he nature of his criminal record, at least what is in the record, establishes little. … parents] were not considering or intending to adopt C.H.”; (2) there is no evidence about the emotional effect on C.H. were he to remain with the foster parents until he was either reunited with his mother, placed with a qualifying

Jordan v. Crudgington

149 Tex. 237 · Texas Supreme Court · Jun 28, 1950

It is a court established by the Legislature under its constitutional authority to "establish such other courts as it may deem necessary." … The principle is so well established as to call for the citation of no authority that any bill not clearly inhibited by the State Constitution or the higher law of the Federal Constitution may be enacted into valid law by

Texas Boll Weevil Eradication Foundation, Inc. v. Lewellen

952 S.W.2d 454 · Texas Supreme Court · Oct 9, 1997

Still, private delegations clearly raise even more troubling constitutional issues than their public counterparts. … The Legislature specifically denominates the Foundation a “governmental unit” for purposes of immunity from suit under the Tort Claims Act. Id. § 74.109(f).

Texas Department of Human Services v. Oliver Okoli

Texas Supreme Court · Aug 22, 2014

GOV ’T CODE § 554.0035 (“Sovereign immunity is waived and abolished to the extent of liability for the relief allowed under this chapter for a violation of this chapter.”). … We held that this conclusively established that the employee could not have formed a good-faith belief that his supervisor was an appropriate law-enforcement authority.

Foster v. Johnson

89 Tex. 640 · Texas Supreme Court · Jun 1, 1896

Powell being appointed executor of the will, who duly qualified according to law and brought suit against J. W. House for the lot and buildings thereon. … Plaintiff having clearly established a prior peaceable possession never abandoned, the defendants having failed to show any right to disturb that possession, the judgment in favor of the plaintiff should stand.”