Case law

Henderson v. Miller

286 S.W. 501 · Court of Appeals of Texas · May 15, 1926

The county‘board of school trustees shall not have the authority to abolish or consolidate any elementary school district already established except upon the vote of a majority of the qualified electors residing in such elementary … which the language used clearly expresses.

Austin Transportation Study Policy Advisory Committee v. Sierra Club

843 S.W.2d 683 · Court of Appeals of Texas · Jan 13, 1993

Assuming the Sierra Club had the burden of proof to establish all issues relative to attorney’s fees, we shall consider these points as no-evidence points. … Governmental Immunity In its second point of error, SDHPT contends that it is not subject to an award of attorney’s fees because it possesses government immunity.

Lincoln Property Co. v. DeShazo

4 S.W.3d 55 · Court of Appeals of Texas · Oct 28, 1999

Because the evidence is sufficient to support the jury’s verdict, and because the trial court did not clearly abuse its discretion by allowing a former police officer to testify as an expert for DeShazo, we affirm the trial … The record establishes that neither the bar nor Lincoln provided two security employees to patrol the parking lot. In Havner v.

Hillery v. Kyle

371 S.W.3d 482 · Court of Appeals of Texas · May 17, 2012

A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner without reference to guiding rules or principles, or if it clearly fails to analyze or apply the law correctly. … Goldman qualified. See Tex. Civ.

City of Dallas v. Couchman

249 S.W. 234 · Court of Appeals of Texas · Feb 10, 1923

As before stated, the record clearly establishes that the ordinance has not been finally enacted, and that it is still pending before the board of commissioners, to be finally considered and acted upon. … The rule is that the enactment of a void ordinance will not be enjoined, although its invalidity clearly appears, unless it also clearly appears that the mere enactment of the ordinance of itself will work irreparable injury

Abney v. Fox

250 S.W. 210 · Court of Appeals of Texas · Feb 7, 1923

School Board, supra, it was said: “Courts have no right to interfere and control their discretion, unless it is clearly shown that the regulation was unreasonable and unnecessary.” In Jacobson v. … This it might have done if the same was necessary to render her immune from smallpox. The court found that she was already immune, and hence no such necessity existed.

Gulf States Utilities Co. v. Public Utility Commission

784 S.W.2d 519 · Court of Appeals of Texas · Jan 17, 1990

The rule is denominated a “substantive rule” by the Commission, and the rule clearly affects individual rights or obligations to the extent it applies. … Each utility shall establish, and make available for inspection, guidelines for assuring safe and reliable operation of interconnected qualifying facilities.

State v. Alliance Village, Inc.

592 S.W.2d 687 · Court of Appeals of Texas · Dec 28, 1979

The State contends that the Village failed to meet its burden of proof in establishing that the Village did qualify as a purely public charity and therefore was not exempt from ad valorem taxation. … A three-pronged *690 test was established to qualify organizations as purely public charities: “First, it made no gain or profit, second, it accomplished ends wholly benevolent; and, third, it benefited persons, indefinite

Coffman v. Woods

696 S.W.2d 386 · Court of Appeals of Texas · May 30, 1985

The sixth paragraph of the 1982 will clearly delineates the existence of a contract. See Odeneal v. Van Horn, 678 S.W.2d 941, 942 (Tex.1984); Wiemers, 683 S.W.2d at 356-57 . … The trial court must determine if the 1983 will meets the statutory requisites to qualify as a valid will.

Village of Tiki Island v. Jerry D. Ronquille and Wife Janelle L. Ronquille, Milton Chang and Wife, Marie, Angelia G. Hill and Richard Samaniego

463 S.W.3d 562 · Court of Appeals of Texas · Mar 12, 2015

It is Hill’s burden to establish the Village’s consent to be sued through a waiver of immunity. Id. at 661. A. … Hill’s allegations and evidence, taken as true and construed liberally in her favor, establish a viable taking claim for which the Village’s sovereign immunity is waived. City of Anson v.

Winship v. City of Corpus Christi

373 S.W.2d 844 · Court of Appeals of Texas · Dec 19, 1963

Article 1182a is not exclusive in its operation, but, on the other hand, is cumulative of established methods of annexing territory provided for by city charters. City of Pelly et al. v. … Article 1182c-l clearly recognizes the right of the City to annex less than all of the -water district or fresh water supply district without assumption of indebtedness or expenditure of money.

Texas Department of Transportation v. Henson

843 S.W.2d 648 · Court of Appeals of Texas · Nov 12, 1992

Testimony at trial established that before appellee’s accident, several of the barrels had been hit by motorists. … The barrel-signs clearly are warning devices. They were used to warn motorists that the lane ended and curved onto an adjacent lane.

Texas Liquor Control Board v. Ammex Warehouse Co.

384 S.W.2d 768 · Court of Appeals of Texas · Dec 2, 1964

and the ultimate exportation does not establish the business of exporting liquor and cite Joy Oil Company v. … The appellees are not immune from Texas law or from the Texas Liquor Control Act, and if they should disregard their bonded procedure, contrary to Federal Law and regulation, and divert some of their liquor into Texas, they

Nocona Nat. Bank v. Bolton

143 S.W. 242 · Court of Appeals of Texas · Jan 6, 1912

If there had been no qualifying averment, we are of opinion that the allegation would *244 have been sufficient, at least upon general demurrer. … establishes a fixed habit or custom that it possesses any evidentiary force.

Miskell v. Termplan Incorporated of Houston

381 S.W.2d 129 · Court of Appeals of Texas · Jul 8, 1964

Under Section 10(c) of the act a qualified person or corporation is entitled to a maximum of 60 licenses to operate 60 separate offices. … Stephens, 101 Tex. 194 , 105 S.W. 992 , 16 L.R.A.,N.S., 1033, where reasonable residence requirements were upheld to insure that nonresidents and others not amenable to process by the State do not use their immunity to evade

City of Houston v. Glenshannon Townhouse Community Ass'n

607 S.W.2d 930 · Court of Appeals of Texas · Oct 2, 1980

The Court in Monell conducted an exhaustive analysis of the legislative and judicial history of Title 42 § 1983 and concluded that a municipality qualifies as a “person” subject to liability for deprivations of civil rights … Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed. 492 (1961) “insofar as it holds that the local governments are wholly immune from suit under § 1983.”

W.C. Wright v. Graves

671 S.W.2d 586 · Court of Appeals of Texas · Apr 5, 1984

At intervals of not less than twelve months, ten per cent of the qualified property tax paying voters of a county may petition such court to provide for the establishing or enlarging of a county hospital, or any medical or … Whenever any such proposition shall receive a majority of the votes of the qualified property tax payers voting at such election, said commissioners court shall establish and maintain such hospital or facilities and shall

Martin v. Abernethy

136 S.W. 827 · Court of Appeals of Texas · Apr 5, 1911

That the center of .the county as established and certified by the former commissioner was correctly determined by him by the proper methods scientifically used for such purpose, and the methods employed by the commissioner … Hunnicut, chief draughtsman of the General Land Office, who did the work of establishing the geographical center in question, testified: “The center of Atascosa county designated by the acting commissioner on April 15, 1910

Shook v. Journeay

149 S.W. 406 · Court of Appeals of Texas · Apr 24, 1912

Clearly, one who may be removed for incapacity to perform the duties of the office should not be appointed. … Also, that among the papers of deceased could be found the evidence showing such investment, and thereby a resulting trust therein could be established.

In re Finkelstein's Estate

61 S.W.2d 590 · Court of Appeals of Texas · Jun 7, 1933

The burden was upon proponent to establish the validity of the will under the facts here, but this we think was discharged by evidence from social intimates of the testator and from business associates. … This right and discretion clearly belongs to him under the law, and we are without authority to disturb his findings. The judgment is affirmed.