Case law

Trice v. Bridgewater

125 Tex. 75 · Texas Supreme Court · Apr 10, 1935

It is adopted in about twelve of the states, but the most recent decision in some of the states have tended to restrict and qualify the doctrine to a very material extent. For instance, the cases of Stumpf v. … This theory as the basis of this doctrine has been very clearly and concisely stated by the Court in the case of Smith v.

RAILROAD COM'N v. Pend Oreille Oil & Gas Co., Inc.

817 S.W.2d 36 · Texas Supreme Court · Sep 11, 1991

If the commission finds that the applicant did not make a qualifying offer, it lacks jurisdiction over the petitioner’s application and must dismiss it. Carson v. … The court of appeals observed that Senate Bill 1146 clearly had the effect of overturning Graford and Gage. Mote, 645 S.W.2d at 644 .

S.V. v. R.V.

933 S.W.2d 1 · Texas Supreme Court · Mar 14, 1996

By contrast, the dissent argues that the testimony of a “qualified, reputable mental health expert[ ] should suffice” as verification. 933 S.W.2d at 38 (Owen, J., dissenting). … There are some types of expert testimony to which the nonexclusive factors adopted in Robinson are clearly inapplicable.

City of Austin v. Cannizzo

153 Tex. 324 · Texas Supreme Court · Mar 31, 1954

It was clearly error to instruct the jury that the 4.57-acre tract had no market value unless the evidence revealed “a sufficient number of recent sales of comparable property to establish a prevailing price.” … Petitioner offered two witnesses on the issue of damages both of whom qualified to testify to market value of the property and both of whom did so testify.

In Re Brown

512 S.W.2d 317 · Texas Supreme Court · Jun 27, 1974

Yet the Commission rejected these lesser measures, finding that the established behavior of Judge Brown was willful or persistent conduct clearly inconsistent with the proper performance of his judicial duties or casting … These acts have been clearly established by the overwhelming preponderance of the evidence.

Texas Turnpike Authority v. Shepperd

154 Tex. 357 · Texas Supreme Court · May 11, 1955

He argues that in the absence of any constitutional provision concerning the establishment of toll roads that the delegation of power to the Turnpike Authority to fix the tolls to be charged and pledging the revenues therefrom … The office of Highway Commissioner is statutory in origin and clearly the Legislature in its discretion may determine the duties of such office.

Sunstate Equipment Co., Llc v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

Texas Supreme Court · Apr 3, 2020

Section 171.1012, which establishes which entities may subtract what costs, defines “goods” as “real or tangible personal property sold in the ordinary course of business of a taxable entity.” Id. § 171.1012(a)(1). … To the contrary, the statute very clearly provides that a heavy construction equipment rental or leasing company can subtract as COGS the costs that section 171.1012 allows as to equipment that is rented or leased out in

in Re Rene Pesina

Texas Supreme Court · Nov 25, 2015

In addition to this written recantation, the verified Application for Writ of Habeas Corpus alleges that Appellant “believes he will be able to present what qualifies as newly discovered evidence, the recantation of … Similarly, the Texas Constitution provides that “No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disinfranchised, except by the due course of the law of

Laubhan v. Peoria Life Insurance

129 Tex. 225 · Texas Supreme Court · Feb 24, 1937

She was so appointed and duly qualified as such. … Clearly, this would result in violation of contract rights protected by the organic law against impairment. As stated in Langever v. Miller, 124 Texas 80 , 76 S. W. (2d) 1025 , 26 A. L.

Intercontinental Group Partnership v. KB Home Lone Star L.P.

52 Tex. Sup. Ct. J. 1204 · Texas Supreme Court · Aug 28, 2009

Hobby, a federal civil-rights case, the Court elaborated: [T]o qualify as a prevailing party, a ... plaintiff must obtain at least some relief on the merits of his claim. … P. 279 ("Upon appeal all independent grounds of recovery or of defense not conclusively established under the evidence and no element of which is submitted or requested are waived."); cf. Wilz v.

Zachry v. City of San Antonio

157 Tex. 551 · Texas Supreme Court · Jun 5, 1957

It was established as a municipal government many years prior to 1733 under the jurisdiction of the Crown of Spain. See Dittmar v. Dignowity, 78 Texas 22 , 14 S. W. 268 . … The question of what is a public purpose is a changing question, changing to suit industrial inventions and developments and to meet new social conditions.’ ” *571 “Clearly, the use of the subsurface and a portion of the

Jones v. Andrews

62 Tex. 652 · Texas Supreme Court · Dec 19, 1884

the southeast corner at a point one thousand five hundred and eighty-five varas from where the south boundary line crossed the Gonzales road; and according to course and distance merely, and disregarding other calls or qualifying … Hunter, decided at this term, the opinion of Justice Stayton very clearly and learnedly illustrates the principle and rule applicable to the identification of the boundary lines of surveys, the calls of which are founded

Sampson v. Williamson

6 Tex. 102 · Texas Supreme Court · Jul 1, 1851

But they cannot waive or renounce the-guarantee or immunity with which the Constitution shields the property. … We think clearly not.

Glenn Hegar, in His Official Capacity as Texas Comptroller, and Ken Paxton, in His Official Capacity as Texas Attorney General v. Texas Small Tobacco Coalition and Global Tobacco, Inc.

59 Tex. Sup. Ct. J. 534 · Texas Supreme Court · Apr 1, 2016

In return, the Settlement secured robust immunity for the settling manufacturers, though they admitted no wrongdoing and disclaimed any liability. … be made.” 56 See Nestle, 387 S.W.3d at 623. 57 We express no opinion on the role, if any, of a settlement in this rational-basis analysis if the effect of the settlement was clearly

Havner v. E-Z Mart Stores, Inc.

35 Tex. Sup. Ct. J. 523 · Texas Supreme Court · Feb 26, 1992

Although cause in fact may be established by circumstantial evidence, it may not be established by mere guess or conjecture; it must be proven by competent evidence. Exxon Corp. v. Quinn, 726 S.W.2d 17, 21 (Tex.1987). … Clearly, this doctrine has no application to the facts of this case, yet it demonstrates the error of the Court’s analysis.

Harris County v. James Charlton

112 Tex. 19 · Texas Supreme Court · Nov 29, 1922

Interest from January 1, 1911 on all such sums .. 576.15 ------- Total 1818.98 It was agreed by the parties in the trial court, and thereupon the trial court found as a fact, that appellant Charlton was the duly elected and qualified … The Legislature in 1879 also passed an educational act establishing a system of public free schools throughout the State.

In Re Angelini

49 Tex. Sup. Ct. J. 376 · Texas Supreme Court · Feb 24, 2006

The Court acknowledges that the Respondent’s petition did not comply at the filing deadline with the requirements of the Texas Election Code, yet it refuses to grant the mandamus and hold that respondent did not qualify as … Notably, the Court does not assert that the 400 signatures were valid or even that more than 20 are valid. 6 The Court should clearly state the rule of law established by its recent holdings.

Boyd v. Frost National Bank of S.A.

145 Tex. 206 · Texas Supreme Court · Jul 10, 1946

They do not seem to have clearly fixed meanings. Sometimes the difference depends on a taxation statute. … She signed both instruments before disinterested, qualified witnesses and in the absence of any officer or agent of the bank.

State v. Bilbo

392 S.W.2d 121 · Texas Supreme Court · Jun 16, 1965

These cases establish the general rule that in determining the authority of a carrier, the individual commodity itself is the controlling consideration, not the weight of the aggregated commodities on pallets. … We approve the holding below that a forklift qualifies as special equipment so long as the commodity itself is otherwise authorized.

LeCroy v. Hanlon

29 Tex. Sup. Ct. J. 490 · Texas Supreme Court · Jul 2, 1986

This all-inclusive language contrasts with the qualifying language used in other sections. See, e.g., Article I, § 9; Article I, § 11; Article I, § 11a. … The convention convened on September 6,1875 and its delegates established 21 committees, one of which was the Bill of Rights Committee.