Case law

Langever v. Miller

73 S.W.2d 634 · Court of Appeals of Texas · Jun 1, 1934

“No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.” … The burden of proof shall be upon the defendant to establish by clear and satisfactory evidence the facts necessary to establish his defense or offset or credit, and the court shall so instruct the jury.’ “Sec. 2.

Lightner v. McCord

151 S.W.2d 362 · Court of Appeals of Texas · Apr 28, 1941

On the other hand, Art. 2807 clearly provides that the election to determine whether or not a tax shall be levied may be held simultaneously with the elections on the question of consolidation and assumption of indebtedness … Even if it had been filed, however, and the allegations contained therein had been established, we conceive of no reason why the result of the trial would have been affected in any way.

Esparza v. Diaz

802 S.W.2d 772 · Court of Appeals of Texas · Nov 29, 1990

A government official who is sued in his “individual capacity” is entitled to immunity from suit and liability based on the doctrine of “official immunity” if the official status or action can be classified as quasi-judicial … Thus, appellee Diaz is shielded from liability in his individual capacity by his official immunity.

Cafeterias, Inc. v. System-Master, Inc.

490 S.W.2d 253 · Court of Appeals of Texas · Jan 31, 1973

Thus, appellant contends the agency relationship for venue purposes is established by law. … also recognize the principle that if a statute creates a liability unknown to the common law, or deprives a person of a common law right, such statute will not be extended beyond its plain meaning or applied to cases not clearly

Hammerman & Gainer, Inc. v. Bullock

791 S.W.2d 330 · Court of Appeals of Texas · Jun 20, 1990

When the judgment in this suit was signed, the Tax Code’s waiver of sovereign immunity was not exclusive. See Cobb v. … Simply stated, the burden of proof is on the claimant to clearly show that it comes within the statutory exemption. Bullock v. National Bancshares Corp., 584 S.W.2d 268, 271-72 (Tex.1979).

Griffin v. Coryell County

334 S.W.2d 495 · Court of Appeals of Texas · Feb 25, 1960

The State pleaded its immunity. State and County pleaded acquisition of the described land by judgment in eminent domain proceedings and that plaintiffs had been previously compensated *496 therefor. … This judgment clearly establishes the date of its rendition as November 5, 1959. The cases cited by ap-pellee decided since the rule was amended effective 1946, do not hold to the contrary.

Ellis v. Hanks

478 S.W.2d 172 · Court of Appeals of Texas · Feb 24, 1972

That the qualified voter lists are available from the County Clerk of Dallas County to determine the qualified resident voters of the City of Grand Prairie situated within Dallas County and that qualified voter lists are … If the governing body of a city or town has not established precincts for its municipal elections, the commissioners court shall prescribe the election precincts for the local option election, under the rules governing establishment

Johnson v. Holland

17 Tex. Civ. App. 210 · Court of Appeals of Texas · Nov 13, 1897

The meaning is that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society:” Cooley’s Principles of Constitutional Law, pp. 231, 232. … It shall have power to send for persons, books, and papers, swear and qualify persons to ascertain the value of property, and see that every person has rendered his property at a fair market 'value.

Melton v. Hahnel

347 S.W.2d 350 · Court of Appeals of Texas · May 12, 1961

Such court was clearly without jurisdiction to order the relator to cease to act as executor or to order the relator to turn over the propei'ty of the estate to the respondent, Josie Birr. … The cause is accordingly reversed and judgment here rendered establishing appellant Melton as duly qualified and acting *355 independent executor of the will of Rosa Melton, deceased; and the Clerk of the District Court is

Crystal City Independent School District v. Wagner

605 S.W.2d 743 · Court of Appeals of Texas · Sep 3, 1980

The plaintiffs contend that summary judgment proof of injury is established by the affidavit of their attorney. We disagree. … Moreover, the plaintiffs’ pleadings clearly indicate which taxpayers received the Agricultural Use Valuation and which did not, and the relief each class prayed for.

Summertree Venture III v. Federal Savings & Loan Insurance Corp.

742 S.W.2d 446 · Court of Appeals of Texas · Nov 5, 1987

The question of subject matter jurisdiction in this instance is clearly a matter of federal law; its answer depends upon interpretation of federal statutes. … It has not established its case. Morrison-Knudsen Co., Inc. v. CHG International, Inc., 811 F.2d 1209, 1217 (9th Cir.1987).

Alexander v. City of Austin

302 S.W.3d 885 · Court of Appeals of Texas · Nov 20, 2009

(c) If the criteria for educational incentive pay are clearly established, are in writing, and are applied equally to each fire fighter or police officer in a municipality who meets the criteria, the municipality’s governing … This requirement is clearly established, is in writing, and is applied equally to each fire fighter, as required by the statute. See id.

Walker v. Koger

131 S.W.2d 1074 · Court of Appeals of Texas · Jun 16, 1939

Upon this verdict and all other necessary issues presumably established conclusively against the defendants, the court gave judgment for the plaintiffs, establishing the amount of indebtedness due as $6,292, awarding a foreclosure … We cannot say that it was clearly and certainly of such nature as to be reasonably calculated to cause the jury to render an improper verdict.

Tarrant County Water Control & Improvement District No. 1 v. Crossland

781 S.W.2d 427 · Court of Appeals of Texas · Nov 22, 1989

This is sufficient to establish, as a matter of law, appellants are entitled to governmental immunity under § 101.061. Appellees did not introduce evidence of any act or omission which occurred after 1970. … The cross-point has no merit beyond persistence in challenging the long-established law of governmental immunity. Cf. Luke, 18:2-5. Judgment is reversed and rendered that appellees take nothing.

Washington Heights Independent School Dist. v. City of Fort Worth

251 S.W. 341 · Court of Appeals of Texas · Mar 29, 1923

It is believed that, as appears, the city did avail itself of such act, and took the necessary steps to the valid establishment or change of its boundary lines for municipal purposes. … An incorporated territory, as a school; district, is a mere institution established for public purposes, and whose legal existence can at any time be taken away in any manner that the Legislature may prescribe.

Trinity River Authority v. Williams

659 S.W.2d 714 · Court of Appeals of Texas · Sep 8, 1983

This statute, says City, “... clearly states that owners of property who give permission to others for purposes of fishing owe no greater degree of care than that owed to a trespasser. … These jury findings would establish liability, insofar as negligence is concerned, on the part of the City without regard to the jury’s finding as to the issues complained of by the City. This point is overruled.

Willard v. Davis

881 S.W.2d 907 · Court of Appeals of Texas · Aug 3, 1994

A trial court clearly abuses its discretion when it reaches a decision so arbitrary and unreasonable to amount to a clear and prejudicial error of law. Id. at 839 . … In the instant case, the trial court abused its discretion and clearly acted without reference to any guiding rules or principles when it ruled section 17 unconstitutional.

Mahuron v. TDCJ

494 S.W.3d 377 · Court of Appeals of Texas · Oct 15, 2015

Chapter 14 provides: (a) An inmate who flies a claim that is subject to the grievance system established under Section 501.008, Government Code, shall file with the court: (1) an affidavit or unsworn declaration stating the … (B) the date the inmate receives ’ the written decision described by Subsection (d)(1), (f)This section does not affect any immunity from a claim for damages that otherwise exists for the state, the department, or an employee

Ex Parte Lynn

19 Tex. Ct. App. 293 · Court of Appeals of Texas · Nov 11, 1885

We would be inclined to adopt the views and reasoning of Judge Comstock, so clearly and ably expressed in the case of Wynehamer v. The People, 3 Kernan (N. Y.), 378. … It is clearly contemplated, however, that it shall be in writing and signed by at least fifty qualified voters of the county, or twenty qualified voters of the precinct, town, or city, as the case may be, in which it is desired

Angerhoffer v. State

15 Tex. Ct. App. 613 · Court of Appeals of Texas · Mar 21, 1884

Davis took out such a license, and, being indicted for keeping a disorderly house, pleaded immunity under his license. … Surely not such as are directly in conflict with and opposition to established law, but such needful and proper regulations as are in conformity with existing law.