Case law

Vincent v. State ex rel. Wayland

235 S.W. 1084 · Texas Commission of Appeals · Dec 14, 1921

by the act within which it is provided the city shall constitute a body1 politic and corporate, to bej known by the name and designation of the “city of Plainview,” with all the rights, powers, privileges, immunities, and … It is a well-established rule that the court will always lean in favor of the validity of a legislative act; that, if there be a reasonable doubt as to the constitutionality of a statute, the court will solve the doubt in

Keel v. Pulte

10 S.W.2d 694 · Texas Commission of Appeals · Nov 28, 1928

“In all elections determining the expenditure' of money for the assumption of debt only those shall be qualified to vote who pay taxes on property in said city and are legally qualified voters therein. … But aside from all this, it must not be forgotten that bonds are negotiable instruments, and as such are subject, to immunities which are not available to other classes of obligations.

Hunting v. Jones

215 S.W. 959 · Texas Commission of Appeals · Nov 12, 1919

In pursuing tljis latter inquiry, resort may be had to certain well-established principles of construction. To paraphrase the language of Hancock v. … Otherwise, violence would be done to a well-established presumption thus expressed in Hancock v.

Prosper Independent School Dist. v. County School Trustees

58 S.W.2d 5 · Texas Commission of Appeals · Mar 15, 1933

This contention necessarily presupposes that a school district, in its corporate capacity, has a vested right in respect of the territorial boundaries of the district as originally established. … The transfer of jurisdiction, which is involved in a transfer of a part of the territory of one district to another district, is clearly within the power of the Legislature.

Edwards v. Edwards

295 S.W. 581 · Texas Commission of Appeals · Jun 4, 1927

W. 104 , said that, if the grandparents were qualified to have the child 20 days each month, they were qualified to have him all the time. … Of course, the father contended that, if he was qualified to have the child one-third of the time, he was qualified to have him all of it.

Crist v. Morgan

245 S.W. 659 · Texas Commission of Appeals · Dec 6, 1922

The court held: “Unless qualified and limited by some other provision or language of the instrument, the words quoted above vested in Amos B. … In pursuing this latter inquiry, resort may be had to certain well-established principles of construction.”

Fidelity Building & Loan Ass'n v. Thompson

51 S.W.2d 578 · Texas Commission of Appeals · Jun 9, 1932

An amendment making it unlawful to issue bonds payable at a distant day, without at the same time establishing a fund for their ultimate redemption, will not invalidate a bond already out. … In other words, in the Love Case it was clearly held that the right which exists in the Legislature to alter and abolish school districts, or to alter, increase, diminish, and abrogate their powers, does not clothe the Legislature

Superior Incinerator Co. v. Tompkins

59 S.W.2d 102 · Texas Commission of Appeals · Apr 19, 1933

It cannot claim exemption or immunity from liability arising out of its contracts on account of its municipal capacity.” … The action of the board of city commissioners in annulling all orders awarding the contract clearly constituted an abandonment of the improvement covered thereby.

International & G. N. R. Co. v. Edmundson

222 S.W. 181 · Texas Commission of Appeals · May 26, 1920

Martin’s letter was clearly a privileged occasion. … The act of 1901 (Acts 27th Leg. c. 26) clearly defined actionable libel.

Bowles v. Bell

270 S.W. 1013 · Texas Commission of Appeals · Apr 15, 1925

The following findings, made by the trial •court and set out in the judgment, very clearly and succinctly state the material facts: “T. F. … Temple, sole executor herein, duly ■qualified as such June 10, 1920, and that thereafter, on July 9, 1920, the claim in controversy herein, duly verified, was presented to said ■executor for allowance, and was duly allowed

Board of School Trustees of Young County v. Bullock Common School Dist. No. 12

55 S.W.2d 538 · Texas Commission of Appeals · Dec 22, 1932

. <10%) of the entire district the petition must be signed by a majority of the trustees of said district in addition to a majority of the qualified voters of the territory to be detached. … A careful examination of the provisions of the act, as an entirety, discloses quite clearly that the general subject-matter of the act is the providing of authority for the construction of common school districts in the state

Burton v. Roff

292 S.W. 159 · Texas Commission of Appeals · Mar 9, 1927

With us the rule is thoroughly established that the contracts of a copartnership are joint as to all of the partners and several as to each of them. … The precise question has been clearly decided in Fowler Commission Co. v. Land (Tex. Com. App.) 248 S.

Pendleton v. Hare

231 S.W. 334 · Texas Commission of Appeals · Jun 1, 1921

Defendant in error qualified as administrator, and on February 14,1917, which was after the termination of the Oklahoma contest, filed his final report as administrator; but its approval was objected to by Amelia Parker and … The distinction, as regards privity between administrators appointed by law under different political jurisdictions and privity between testamentary executors, is clearly drawn in Hill v. Tucker, 13 How. 458 , 14 L.

Shelton v. Montoya Oil & Gas Co.

292 S.W. 165 · Texas Commission of Appeals · Mar 9, 1927

We will not waste time to cite eases to the elementary, proposition that parol evidence will never be admitted when its legal effect is to contradict or vary the terms of a valid written instrument, but we are clearly of … This the defendants proposed by their plea to establish.

Tyler County State Bank v. Shivers

6 S.W.2d 108 · Texas Commission of Appeals · May 16, 1928

Most, if not all, of these cases, however, have been overruled or clearly limited or qualified, and the fully ac *110 cepted rule at the present time is that it must appear that the trust property or its proceeds have found … But this is clearly contrary to the doctrine of constructive trusts.

Shaw v. United States Fidelity & Guaranty Co.

48 S.W.2d 974 · Texas Commission of Appeals · Apr 21, 1932

Defendant in error thereupon instituted this suit to establish such claim as entitled to preferential payment out of the assets of said bank. … one that is adapted to the circumstances, conditions, and necessities of the people because essential to sustain the public burdens and discharge the public debts, and unless some provision of statute can be found which clearly

Shaw v. San Patricio County

61 S.W.2d 979 · Texas Commission of Appeals · Jun 24, 1933

It sought to establish a prior right to cer *980 tain funds it had deposited with the Sinton State Bank as its depository. … The county thereupon instituted this suit] in which it sought to establish a prior right and title to said funds.

State v. Gillette's Estate

10 S.W.2d 984 · Texas Commission of Appeals · Nov 28, 1928

W. 799 , has clearly announced the rule of law in this state that “the rule of implied exclusion is no more binding in construing statutes than in interpreting Constitutions,” and that “it is a rule of construction of constitutions … be a conservator of the peace, and shall hold his office for two years, and until his successor shall be elected and qualified.

Davis v. Sears

35 S.W.2d 99 · Texas Commission of Appeals · Feb 4, 1931

There is such pleading and proof in this case, as the record clearly shows. … But the decision clearly indicates that facts can be established in a given case with such certainty as to require the courts to take a child from its parents and continue it in possession of others.

State v. Gillette's Estate

5 S.W.2d 131 · Texas Commission of Appeals · Mar 28, 1928

Lawrence applied to the county *132 court at law of Eastland county for letters of administration, and on May 18, 1923, said county court at law entered an order appointing him administrator, and he attempted to qualify and … W. 799 , has clearly announced the rule of law in this state that “the rule of implied exclusion is no more binding in construing statutes than in interpreting constitutions,” and that .