Case law

Hunt County v. Rains County

116 Tex. 277 · Texas Supreme Court · Dec 8, 1926

Mont *281 gomery, who, at the time, was the duly elected and qualified surveyor of Rains County, and are as follows (here follows description) ; that the line so established has since that time been recognized; that the lines … ‘Hooker’s *283 Mill,’ on the east branch of Sabine River, is clearly identified and located on the ground. It is the S. W. corner of Rains County, and is an object called for in the Act creating the county.

County of Cameron v. Wilson

160 Tex. 25 · Texas Supreme Court · Jul 8, 1959

Stat., to acquire and improve land for use as county parks and to issue tax bonds for such purposes upon a favorable vote of the qualified property taxpayers. … As we understand the argument, it does not seriously dispute the premise that a county may establish and operate public parks.

Crosby v. Huston

1 Tex. 203 · Texas Supreme Court · Dec 15, 1846

Both refer very clearly to the trust deed, but with a mistake in the date. In both the deed is referred to as of the thirtieth, whereas it is of the twentieth September. … But it is useless to speculate on the modifications by which the rule may be qualified; our object is to direct the attention of the parties to the laws upon which the cause ought to be decided, should this provision of the

Byrd v. City of Dallas

118 Tex. 28 · Texas Supreme Court · May 23, 1928

Previous to the passage of these ordinances, there had been submitted to the qualified voters of the City of Dallas, apparently authorized by Article 6242, supra, the question as to whether the governing body of the City … If the pension provided for in this act is a gratuity or donation to the beneficiary, it is clearly forbidden by the fundamental law.

City of Austin v. Thompson

147 Tex. 639 · Texas Supreme Court · Mar 23, 1949

Lumpkin by referring to it as a memorandum opinion and by ignoring the judgment entered on the Court’s minutes in that case, which clearly discloses the opinion of the Court that the election should have been enjoined by … In an election the right to the office is established by the result of the election and does not depend upon the issuance of the commission, which is merely a ministerial act. Conger v. Gilmer, 32 Cal. 75, 80 .

Dallas Country Levee District No. 2 v. Looney

109 Tex. 326 · Texas Supreme Court · Dec 18, 1918

It seems to us clearly not. … It apportions the tax according to the assessed cash value of the adjacent. *335 property, which is as near an approximation to an equitable rule as can well be established.

Community Health Systems Professional Services Corporation v. Henry Andrew Hansen, II, M.D.

60 Tex. Sup. Ct. J. 1269 · Texas Supreme Court · Jun 16, 2017

Hansen’s tortious interference claims; (5) whether PSC waived its qualified-privilege defense by raising it only as a defense to business disparagement in its motion for summary judgment; and (6) whether the Restatement … Therefore, we need not reach PSC’s arguments relating to qualified privilege and privilege based on truthful information. V.

in Re Petroleum Wholesale, L.P., and Pwi Gp, LLC "Operation Spotlight" Litigation

Texas Supreme Court · Feb 10, 2009

Indeed, the plaintiffs in each suit will have to establish a common causative element that will provide commonality to the class. … Clearly, there is a nexus between commonality for class certification purposes and relatedness for consolidation purposes. “The test of commonality is not demanding ...

Brown v. Meyer

33 Tex. Sup. Ct. J. 207 · Texas Supreme Court · Feb 7, 1990

It clearly prohibits the designated legislators from holding an office the emoluments of which are increased. Had the framers of the constitution not intended to include all increases, they would surely have said so. … Therefore, a member's years of service in each of the qualified offices in the elected class are totalled at the time of retirement to calculate the amount of the retirement annuity.

Little v. Texas Department of Criminal Justice

48 Tex. Sup. Ct. J. 56 · Texas Supreme Court · Oct 15, 2004

Each time she was notified that she was qualified for employment but was denied employment. Ms. … Moreover, Plaintiff cannot show that she was the best qualified candidate for any of the positions applied for. TDCJ records show that the best qualified candidates were selected.

Motel 6 G.P., Inc. v. Lopez

39 Tex. Sup. Ct. J. 880 · Texas Supreme Court · Jun 28, 1996

Lopez sued Motel 6 and the two manufacturers of the shower stall for negligence and strict products liability, although her petition did not clearly delineate which claims were asserted against which defendants. … The parties do not dispute that as a guest of the motel, Lopez qualifies as an invitee for purposes of a premises liability claim.

First National Bank of Shreveport v. City National Bank

106 Tex. 297 · Texas Supreme Court · May 6, 1914

It arises here under conditions which would necessarily qualify the operation of even the rule affirmed by those courts that hold the correspondent hank to be the agent of the forwarding bank and the latter liable for its … It was as clearly entitled to attach such condition to its undertaking, and no sound reason can be urged why it should be denied effect as to a party who understood it and so acted as to create assent to and acceptance of

Miguel Hernandez, M.D. v. Julious Ebrom and Richard Hunnicutt

Texas Supreme Court · Jul 3, 2009

To the contrary, the statute clearly permits a provider to pursue the right if it so chooses. The question is not whether the defendant has the right, but whether the statute contemplates its immediate exercise. … It prolongs litigation in those cases in which an expert report is clearly insufficient, contrary to the Legislature’s intent.

Walker v. State

2 Tex. L. R. 417 · Texas Supreme Court · Nov 15, 1883

He fully qualified him self to testify in that capacity. We are clearly of the opinion that the court committed no error in admiting the evidence objected to by the defendant. 3. … Because, in our opinion, the evidence does not' identify the body of the alleged murdered man, and does not establish clearly his death. The judgment is reversed and the cause remanded.

Reiter v. Coastal States Gas Producing Co.

382 S.W.2d 243 · Texas Supreme Court · Jun 24, 1964

The fact that a tract of land is subject to an easement such as one for an electric power line or a water conduit does not render the tract immune from the operation of the doctrine of prior possession. … The court, in the opinion, declined to discuss any other question save that of the prior possession of the plaintiff, and said: `The plaintiff having clearly established a prior peaceable possession never abandoned, and the

In re Subdivision Six of Supreme Court Jurisdiction Act of 1917

201 S.W. 390 · Texas Supreme Court · Mar 6, 1918

clearly and unmistakably it also restricts to the Legislature the sole and exclusive exercise of that power. … Just here I wish to qualify, somewhat, certain *400 expressions of mine therein (page 1190 of 196 S.

Rilling v. Schultze

95 Tex. 352 · Texas Supreme Court · Mar 31, 1902

Schultze, Jr., died October 1, 1900, leaving - a will probated in Bexar County in November, 1900, Louise Schultze qualifying as executrix thereof at same term. The child Ruth is the sole devisee. … But the trial court did not find upon the issue, and the presumption is that the fact was not established by the evidence.

Kulp v. Railey

99 Tex. 310 · Texas Supreme Court · Nov 13, 1905

Conceding that the law had been departed from in establishing the precincts before the election the court said: “But the question is—the court having established the precincts not in conformity with this provision and the … The object of election laws is to secure the rights of duly qualified electors, and not to defeat them.

In Re CH

89 S.W.3d 17 · Texas Supreme Court · Jul 3, 2002

"; (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 relative, or adopted; (3) there is no evidence … s best interest, and *29 failed to clearly explain why it concluded a reasonable jury could not form a firm conviction or belief from all the evidence that termination would be in C.H.'

Ashford Partners, Ltd. v. Eco Resources, Inc.

55 Tex. Sup. Ct. J. 603 · Texas Supreme Court · Apr 20, 2012

Ashford’s interpretation clearly diminishes ECO’s rights under the lease. … The stipulation clearly applied to ECO’s attorney's fees.