Case law

Hockley County Seed & Delinting, Inc. v. Southwestern Investment Co.

476 S.W.2d 38 · Court of Appeals of Texas · Dec 27, 1971

The language used in the statute involved in the National Carloading case was as follows : “The immunity granted extends to liabilities for ‘any act done or omitted to be done, prior to the effective date of this chapter. … The uniform and settled authority supports the proposition that unless a statute expressly and clearly states that it is to operate retroactively, it will be held to prospective application only.

Houston v. Grocers Supply Co., Inc.

625 S.W.2d 798 · Court of Appeals of Texas · Dec 10, 1981

In our opinion the summary judgment proof establishes as a matter of law the conditional privilege and supports the trial court’s judgment. … Chadwick’s position as personnel director peculiarly qualifies him to have personal knowledge concerning the facts in regard to the discharge of Houston, and Chadwick would clearly be competent to testify as to his own actions

Sparks v. West

41 S.W.2d 301 · Court of Appeals of Texas · Jul 15, 1931

In this the trial court clearly erred. … No statement of facts accompanies the record, but the trial court’s findings of fact show that the labor was performed in precinct No. 3 of Coleman county; that there was no qualified justice of the peace in that precinct

Lewis v. State

647 S.W.2d 753 · Court of Appeals of Texas · Feb 23, 1983

Here, the stipulated evidence is clearly sufficient to establish guilt beyond a reasonable doubt. … Tateo, 377 U.S. 463, 465 , 84 S.Ct. 1587, 1588 , 12 L.Ed.2d 448 ]: “It would be a high price indeed for society to pay were every accused granted immunity from punishment because of any defect sufficient to constitute reversible

McLeod v. City of San Antonio

702 S.W.2d 279 · Court of Appeals of Texas · Dec 11, 1985

Martinez, chief of the fire department, testified that the engineer, in addition, would perform technical tasks which a lieutenant was not qualified to perform. … However, the City had the burden of establishing it acted in good faith. City of San Antonio v. Wallace, 161 Tex. 41 , 338 S.W.2d 153 (1960).

Guidry v. Phillips

580 S.W.2d 883 · Court of Appeals of Texas · Mar 28, 1979

Petty was not qualified to testify as to the standard of care for a similar patient in 1963, the date the operation on appellant was performed. We do not agree. … Clearly Dr. Petty is expressing his opinion of this type of surgery as of 1972: A.

In re Hannah

431 S.W.3d 801 · Court of Appeals of Texas · May 13, 2014

The Mandamus StandaRD Generally, mandamus relief is appropriate only when the trial court clearly abused its discretion and the relator has no adequate remedy by appeal. … The real parties argue that relator’s suit qualifies as a probate proceeding because it is related to the decedent’s estate, see Tex.

In re M.A.H.

20 S.W.3d 860 · Court of Appeals of Texas · Jun 15, 2000

DPS and local law enforcement are immune from liability for damages arising from release of public information. See id. art. 62.09. … And, in the absence of authority establishing a protectable liberty interest in a child’s reputation, we decline to establish such a right in favor of the juvenile sex offender.

Jones v. International Ass'n of Firefighters, Local Union No. 936

601 S.W.2d 454 · Court of Appeals of Texas · May 22, 1980

The City argues in various ways that Sections 9(a) and 10(b) above quoted, impliedly remove the subject matter of the proposed amendment from the initiative process because these sections clearly reserve to the “public employer … The proposed charter amendment leaves intact the provisions of article 5154c-l establishing the collective bargaining and the administration procedures.

Texas Employers' Ins. Ass'n v. City of Dallas

5 S.W.2d 614 · Court of Appeals of Texas · Mar 31, 1928

Not only was the validity of the law established by that decision, but the legal status of the Texas Employers’ Insurance Association was in some important particulars declared. … The burden is on the one claiming exemption from taxation to bring himself clearly within the exemption statutes.

Henderson v. Lindley

75 Tex. 185 · Court of Appeals of Texas · Nov 22, 1889

It appears that an administrator was appointed and qualified, that the-estate was administered in part, and that the administration became vacant. … At all events it was in substantial compliance with the law, and the final order was such as the court clearly had the jurisdiction to make.

Jones v. Shaw

16 Tex. Civ. App. 290 · Court of Appeals of Texas · May 22, 1897

The objection to the third paragraph is that it “was not applicable to the facts of this case, and gives the plaintiff rights and immunities from risk not given by the law in this ease.” … The charge of the court fairly, fully, and clearly put the issues of fact before the jury, according to the pleadings and evidence.

Lipscomb v. Lofland

141 S.W.2d 983 · Court of Appeals of Texas · Jun 10, 1940

are equally as immune from collateral attack as are those of any other court of our system of jurisprudence. … The guardian had qualified as such and given a general bond in the form provided by the statute.

Rosebud Independent School Dist. v. Richardson

2 S.W.2d 513 · Court of Appeals of Texas · Jan 5, 1928

The statute (article 2676) provides: “One of whom shall be elected from the county at large by the qualified voters of the common school districts of the county, and one from, each commissioners’ precinct by the qualified … placed under the general laws relating to incorporated school districts', and that the provisions of such special acts in conflict with the general law are repealed, “except in so far as those acts relate to the boundaries established

Perkins v. Abilene State School

345 S.W.2d 574 · Court of Appeals of Texas · Sep 9, 1960

Stated differently, the application of the exception must clearly appear.” With reference to establishing venue facts under Subdivision 29a, our Supreme Court in Ladner v. … We sustain appellants’ point that the court erred in sustaining Abilene State School’s plea in abatement because this was not a suit against the state within the rule of immunity of the state from suit.

Myers v. State

781 S.W.2d 730 · Court of Appeals of Texas · Dec 19, 1989

The rule clearly contemplates that some leading is acceptable at the trial court’s discretion. … The State only had to establish that the dildos were obscene devices as defined in 43.21(a)(7).

Seydler v. Border

115 S.W.2d 702 · Court of Appeals of Texas · Mar 17, 1938

This appeal is from an order of the district court of Wharton county — entered at the behest of the appellees, private citizens of the county, duly qualified to apply therefor — temporarily enjoining the appellants, who constituted … If the pension provided for in this act is a gratuity or donation to the beneficiary, it is clearly forbidden by the fundamental law.

Morgan v. State

170 S.W.2d 648 · Court of Appeals of Texas · Jun 18, 1942

in derogation of the well-established rules relating to strictly governmental function such as the one here involved. … As a sovereignty, it is immune from liability for torts and since it can act in no other capacity than that of a sovereignty, it is necessarily immune from liability for torts at all times and in all its capacities.”

Great-Ness Professional Services, Inc. v. First National Bank of Louisville

704 S.W.2d 916 · Court of Appeals of Texas · Jan 30, 1986

In order to qualify as a suit on account pursuant to Rule 185 of the Texas Rules of Civil Procedure, the account or liquidated money demand based upon a written contract must involve a claim for goods, wares, merchandise, … In Clear Creek, the Texas Supreme Court clearly established the necessity of strict compliance with the requirements of Rule 166-A when it held: “The movant still must establish his entitlement to a summary judgment on the

Prince v. Inman

280 S.W.2d 779 · Court of Appeals of Texas · May 26, 1955

school trustee of the Warren Independent School District, are both contrary to the overwhelming weight and preponderance of the evidence and the-law applicable thereto, so as to be clearly wrong and unjust, and to constitute … Inman, in selling his home in Warren and moving his family with him to Nacogdoches ' with the ’ established intent to return to Warren in the event the job in Nacogdoches proved, unsatisfactory to him, has vacated his office