Case law

A. H. Belo & Co. v. Wren

63 Tex. 686 · Texas Supreme Court · Dec 19, 1884

If the publication was privileged at all, it was a conditional or qualified and not an absolute privilege. … The case is clearly not in point. The case of Kane v. Mulvany (2 Ir. R. C. L., 402) seems to have grown out of the publication of matters occurring before a committee of the house of lords.

Bailey v. American General Insurance Company

154 Tex. 430 · Texas Supreme Court · May 11, 1955

Looking to other jurisdictions, as well as to the prior rulings in our own courts, it seems that in rejecting the dichotomy between “mind”' and “body” for the purpose of this decision, we do not depart from the well established … Kimball, 76 Texas 210 , 13 S.W. 59 , 7 L.R.A. 618 ) * * * The distinction is clearly drawn by that case; that is, that recovery cannot be had for suffering from mere fright, but where physical injury results from the mental

Trimmier v. Carlton

116 Tex. 572 · Texas Supreme Court · Jun 4, 1927

Inasmuch, however, as by eliminating Ballinger a majority of the votes in the proposed District was in favor of the propositions submitted, the District was declared created, and its directors qualified as such. … He had also made a great many maps to be used in connection with the establishment of Taxation Districts. He had read and studied the field notes of the Improvement District in controversy.

Arkoma Basin Exploration Co. v. FMF Associates 1990-A, Ltd.

51 Tex. Sup. Ct. J. 342 · Texas Supreme Court · Jan 25, 2008

Arkoma argues that its reserve estimates are immune from any fraud claim under Virginia law. … P. 321 (providing that motions for new trial must "briefly refer to that part of the ruling of the court ... to be complained of, in such a way that the objection can be clearly understood by the court”); Barron v.

Womble v. Atkins

160 Tex. 363 · Texas Supreme Court · Jan 13, 1960

Cárlisle, had qualified as independent executors thereunder, the petitioner, Mrs! … This she did not do, and on the record made in the hearing on the motion the trial court was clearly in error in overruling the motion to dismiss.

In RE THE STATE OF TEXAS v. the State of Texas

Texas Supreme Court · Jun 14, 2024

In other words, section 52-a appears designed to clarify that “development and diversification of the economy of the state” qualify as “public purposes.” … Indeed, the violation of duly enacted state law by local government officials “clearly inflicts irreparable harm on the State.” Tex. Ass’n of Bus. v. City of Austin, 565 S.W.3d 425, 441 (Tex.

Glasscock v. Hamilton

62 Tex. 143 · Texas Supreme Court · Jun 28, 1884

The bond was given under the laws of the United States, and the rule of the common law would be applicable to it in determining its obligation, unless qualified by acts of congress. … He obtains this immunity, not by paying a sum in excess of that for which he was liable together with Glasscock’s heirs, but it was only in excess of his ratable portion as between himself and those other sureties who were

Patterson v. Planned Parenthood of Houston and Southeast Texas, Inc.

41 Tex. Sup. Ct. J. 1001 · Texas Supreme Court · Jun 23, 1998

Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972) (“To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. … Only a generation ago, this Court recognized the fundamental importance of parental rights in reaffirming the doctrine of parental immunity: We trust that it is not out of date for the state and its courts to be concerned

Unauthorized Practice of Law Committee v. American Home Assurance Company, Inc. and the Travelers Indemnity Company

Texas Supreme Court · Mar 28, 2008

Without pleadings and proof establishing that the activities of the Foundation constitute the practice of law, cases such as San Antonio Bar Association v. … In such circumstances, it defies reason to believe that staff attorneys will be immune from cost-cutting of some nature, even if they are immune at all other times.

City of Wichita Falls Ex Rel. L. E. Whitham & Co. v. Williams

119 Tex. 163 · Texas Supreme Court · Apr 9, 1930

We cannot hesitate to say, however, that it has been so frequently decided, that there can be no question that it is now clearly settled by the great weight of authority, tha-t the constitutional provisions having reference … Bordages, not only because of the soundness of that opinion, but because for many years it has been followed, by this and other courts, and has become the established law of the land, with reference to which property has

in Re Centerpoint Energy Houston Electric, Llc.

Texas Supreme Court · Jun 30, 2021

CenterPoint disagrees, asserting that PURA’s text and purpose confirm plaintiffs qualify as parties required to seek relief from the PUC before proceeding in court. … We need only interpret the applicable statutory language and determine whether plaintiffs qualify as affected persons.

McDonald v. Edwards

137 Tex. 423 · Texas Supreme Court · Jul 23, 1941

It also provides that “The District Court shall have appellate jurisdiction and general control in probate matters, over the County Court established in each county, for appointing guardians, granting letters testamentary … Clearly, under the holding in Connell v. Chandler, supra, Reynolds v. Prestidge, supra, Jirou v. Jirou, supra, and Linch v.

Roxo Energy Company, LLC; Roxo Energy, LLC; Rec Minerals, LLC; Roxo Fw, LLC; And Vortus Investment Advisors, LLC v. Baxsto, LLC

Texas Supreme Court · May 9, 2025

The lease purchase agreement established conditions on which Roxo could purchase the paid-up lease (as distinguished from a purchase of the minerals, which happened later). … This unqualified transfer right, clearly expressed in writing and agreed to by Baxsto, directly contradicts the notion that Roxo bound itself orally not to transfer the lease and instead to drill.

Defferari v. Terry

128 Tex. 521 · Texas Supreme Court · Dec 9, 1936

Carroll therein referred to: “Is such a marriage in good faith shown clearly by the evidence in this case? … Potter; when all these things, with many others tending to the same conclusion, are maturely considered, it can hardly be held that it has been clearly shoivn that a real marriage in good faith *533 has been established,

City of Corpus Christi v. Public Utility Commission of Texas

51 S.W.3d 231 · Texas Supreme Court · Aug 30, 2001

"transition charges" to be paid by retail customers in a utility's service area that allow recovery of "qualified costs." [23] Qualified costs include all of an electric utility's regulatory assets and seventy-five percent … To qualify under this subsection, a qualifying facility must have made substantially complete filings on or before December 31, 1999, for all necessary site-specific environmental permits under the rules of the Texas Natural

Golden Eagle Archery, Inc. v. Jackson

43 Tex. Sup. Ct. J. 989 · Texas Supreme Court · Jun 29, 2000

However, a juror may testify: (1) whether any outside influence was improperly brought to bear upon any juror; or (2) to rebut a claim that the juror was not qualified to serve. Tex.R. Evid. 606(b) (emphasis added). … This, of course, instructs jurors about what they should not do, but it is not a directive establishing what constitutes “deliberations” for purposes of rules 327(b) and 606(b).

Fitzgerald v. Advanced Spine Fixation Systems, Inc.

996 S.W.2d 864 · Texas Supreme Court · Aug 26, 1999

Anyone who qualifies as a "seller" may seek indemnification, subject to the limitations of section 82.002(a). … And, the final reference to "the seller" also clearly refers to the seller who sold the offending product and who would be "independently liable" for its actions.

In Re the Adjudication of Water Rights of the Brazos III Segment of the Brazos River Basin

31 Tex. Sup. Ct. J. 231 · Texas Supreme Court · Feb 17, 1988

Texas Dept, of Water Resources, 689 S.W.2d 873 (Tex.1984), this court clearly instructed the Texas Water Commission not to issue permits for water already appropriated. … Such a result would clearly frustrate the Act’s purpose of consolidating into a single system the administration and adjudication of rights in state water.

Ken Paxton, Attorney General of Texas v. City of Dallas

509 S.W.3d 247 · Texas Supreme Court · Feb 3, 2017

The City failed to establish that disclosure would cause such harm to the City’s own interests that the need to avoid the harm is so important and urgent that reasonable minds can only conclude that it clearly outweighs the … If, for example, the facts establish that requested information is in a government employee’s personnel file and its "disclosure would constitute a clearly unwarranted invasion of personal privacy,” section 552.102 excepts

Dow Chemical Co. v. Castro Alfaro

786 S.W.2d 674 · Texas Supreme Court · May 2, 1990

First, that language resulted from a group of cases establishing absolute open forums in order to avoid constitutional attacks under the privileges and immunities clause. … Clearly, the general descriptions of those factors set forth above are capable of granulation into the more specific considerations necessitated by individual cases.