enunciation rule in Texas

2007However, the appropriate enunciation of this standard must be reconsidered in light of the Supreme Court's recent decision in City of Keller v. Wilson, 168 S.W.3d 802 (Tex.2005).

2007However, the appropriate enunciation of this standard must be reconsidered in light of the Supreme Court’s recent decision in City of Keller v. Wilson, 168 S.W.3d 802 (Tex.2005).

1944Co. v. Tyrrell, 128 Tex. 248 , 98 S.W.2d 786, 792 , 108 A.L.R. 1508 , wherein it was said: *291 “This article is an enunciation of the rule existing without statute, the basis of which is the fundamental principle that no more property and no -greater estate or interest may be taken than the public use requires.” See also Leathers v. Craig, Tex.Civ.App, 228 S.W. 995 ; Wise v. Abilene Water Co, Tex.Civ.App., 261 S.W. 549 ; 29 C.J.S, Eminent Domain, §§ 29, 31, pp. 816, 824; 10 R.C.L. 28.

1944Co. v. Tyrrell, 128 Tex. 248 , 98 S.W.2d 786, 792 , 108 A.L.R. 1508 , wherein it was said: *291 “This article is an enunciation of the rule existing without statute, the basis of which is the fundamental principle that no more property and no -greater estate or interest may be taken than the public use requires.” See also Leathers v. Craig, Tex.Civ.App, 228 S.W. 995 ; Wise v. Abilene Water Co, Tex.Civ.App., 261 S.W. 549 ; 29 C.J.S, Eminent Domain, §§ 29, 31, pp. 816, 824; 10 R.C.L. 28.

1944Co. v. Tyrrell, 128 Tex. 248 , 98 S.W.2d 786, 792 , 108 A.L.R. 1508 , wherein it was said: *291 “This article is an enunciation of the rule existing without statute, the basis of which is the fundamental principle that no more property and no -greater estate or interest may be taken than the public use requires.” See also Leathers v. Craig, Tex.Civ.App, 228 S.W. 995 ; Wise v. Abilene Water Co, Tex.Civ.App., 261 S.W. 549 ; 29 C.J.S, Eminent Domain, §§ 29, 31, pp. 816, 824; 10 R.C.L. 28.

1944Co. v. Tyrrell, 128 Tex. 248 , 98 S.W.2d 786, 792 , 108 A.L.R. 1508 , wherein it was said: *291 “This article is an enunciation of the rule existing without statute, the basis of which is the fundamental principle that no more property and no -greater estate or interest may be taken than the public use requires.” See also Leathers v. Craig, Tex.Civ.App, 228 S.W. 995 ; Wise v. Abilene Water Co, Tex.Civ.App., 261 S.W. 549 ; 29 C.J.S, Eminent Domain, §§ 29, 31, pp. 816, 824; 10 R.C.L. 28.

1939In Iturri v. Whitehead, 22 Tex. 556 , plaintiff Whitehead sued the minors, and was afterwards appointed guardian of their estate; prosecuted the case to judgment against them, which being appealed, the court said: ‘It would seem, on general principles, that after it was made apparent to the court that the plaintiff had been appointed guardian of the defendants, the suit ought to have been dismissed; but, as this point has not been noticed by counsel, it need not be decided.’ This is the enunciation of the principle of right, that courts must recognize and enforce, that one who occupies a trust

1939In Iturri v. Whitehead, 22 Tex. 556 , plaintiff Whitehead sued the minors, and was afterwards appointed guardian of their estate; prosecuted the case to judgment against them, which being appealed, the court said: `It would seem, on general principles, that after it was made apparent to the court that the plaintiff had been appointed guardian of the defendants, the suit ought to have been dismissed; but, as this point has not been noticed by counsel, it need not be decided.' This is the enunciation of the principle of right, that courts must recognize and enforce, that one who occupies a trust

1936Calcasieu Lumber Company v. Harris, 77 Texas, 18 , 13 S. W., 453 ; Brightwell v. International-Great Northern Railroad Company, 121 Texas, 338 , 49 S. W. (2d) 437 , 84 A. L.

1936Calcasieu Lumber Company v. Harris, 77 Texas, 18 , 13 S. W., 453 ; Brightwell v. International-Great Northern Railroad Company, 121 Texas, 338 , 49 S. W. (2d) 437 , 84 A. L.

1936Calcasieu Lumber Company v. Harris, 77 Texas, 18 , 13 S. W., 453 ; Brightwell v. International-Great Northern Railroad Company, 121 Texas, 338 , 49 S. W. (2d) 437 , 84 A. L.

1936Calcasieu Lumber Company v. Harris, 77 Texas, 18 , 13 S. W., 453 ; Brightwell v. International-Great Northern Railroad Company, 121 Texas, 338 , 49 S. W. (2d) 437 , 84 A. L.

1904In the case of Sparks v. Dawson, 47 Texas, 138 , the court had under consideration a charge endeavoring to inform the jury of the degree of certainty required in the establishment of fraud, and Judge Boberts said: “To require the *49 facts to be established by evidence with that absolute certainty which fiyps in the minds of the jury a conviction that excludes all reasonable doubt of their existence, as if it were a case of murder or treason, is not a rule applicable to this or any other civil cause.” See also Heiligmann v. Rose, 81 Texas, 222.

1904In the case of Sparks v. Dawson, 47 Texas, 138 , the court had under consideration a charge endeavoring to inform the jury of the degree of certainty required in the establishment of fraud, and Judge Boberts said: “To require the *49 facts to be established by evidence with that absolute certainty which fiyps in the minds of the jury a conviction that excludes all reasonable doubt of their existence, as if it were a case of murder or treason, is not a rule applicable to this or any other civil cause.” See also Heiligmann v. Rose, 81 Texas, 222.