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29 Texas opinions name it 4 courts 1935–2018 0 in the last five years
The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Rodriguez v. Rodriguezgreen2 sentences2012“In evaluating the needs of the child, and, thus, the exercise of the court’s discretion in determining those needs, we are guided by the paramount principle in child support decisions: the best interest of the child.” Nordstrom, 965 S.W.2d at 579 (citing Rodriguez, 860 S.W.2d at 417 n.3). 2004In determining the needs of the child, we direct courts to continue to follow the paramount principle: " the best interests of the child ." 860 S.W.2d 414 , 418 n.3 (Tex. 1993) (emphasis in original). | 5 | 12 |
Hollifield v. Hollifieldgreen2 sentences2009See Rodriguez v. Rodriguez , 860 S.W.2d 414 , 417 n.3 (Tex. 1993); Hollifield v. Hollifield , 925 S.W.2d 153, 155 (Tex. App.--Austin 1996, no writ). 2009See Rodriguez v. Rodriguez, 860 S.W.2d 414 , 417 n. 3 (Tex.1993); Hollifield v. Hollifield, 925 S.W.2d 153, 155 (Tex.App.-Austin 1996, no writ). | 3 | 3 |
Calvert v. British-American Oil Producing Co.green2 sentences1980See Calvert v. BritisbAmerican Oil Producing CO., 397 S.W. 2d 839, 842 (Tex. 1965);city of Mason v. West Texas Utilities mm&e v. Waples, Co.. 237 S.W. 188278 2d 273. 1980See Calvert v. British-American Oil Producing Co., 397 S.W.2d 839 , 842 (Tex. 1965); City of Mason v. West Texas Utilities Co., 237 S.W.2d 273 , 278 (Tex. 1951); State v. Dyer, 200 S.W.2d 813 , 815 (Tex. 1947); Gilmore v. Waples, 188 S.W. 1037 , 1038 (Tex. 1916); Tex.-Louisiana Power Co. v. Farmersville, 67 S.W.2d 235 , 237 (Tex. Comm'n App. 1933). | 2 | 2 |
Forest Oil Corp. v. McAllengreen2 sentences2018In reaching its conclusion that the disclaimer-of-reliance clause clearly and specifically negated the plaintiff’s fraud claims, the Forest Oil court noted that the Schlumberger decision was relatively similar and rested on the paramount principle that Texas courts should uphold contracts that are negotiated at arms’ length and that when parties elect to include a disclaimer-of-reliance provision in their agreement, the Court will generally enforce it. 268 S.W.3d at 58 . 2011Id. at 58 (“Our analysis in Sehlumberger rested on the paramount principle that Texas courts should uphold contracts negotiated at arm’s length by knowledgeable and sophisticated business players represented by highly competent and able legal counsel, a principle that applies with equal force to contracts that reserve future claims as to contracts that settle all claims.” (internal quotations omitted)). | 1 | 2 |
Dolan v. Walkergreen2 sentences1935In Dolan v. Walker, 121 Tex. 361 , 49 S.W.2d 695 , 697, the Supreme Court of this State has restated a long accepted principle, *Page 642 as follows: "The paramount rule in construing statutes is to ascertain and give effect to the intention of the Legislature." This rule seems peculiarly applicable where it is questionable whether certain acts complained of come within the denunciation of a criminal statute. 1935In Dolan v. Walker, 121 Tex. 361 , 49 S.W.2d 695 , 697, the Supreme Court of this State has restated a long accepted principle, *Page 642 as follows: "The paramount rule in construing statutes is to ascertain and give effect to the intention of the Legislature." This rule seems peculiarly applicable where it is questionable whether certain acts complained of come within the denunciation of a criminal statute. | 1 | 2 |
Shearson Lehman Hutton, Inc. v. McKaygreen1 sentence2010“Although the FAA requires an arbitration agreement to be written, it does not expressly require the agreement to be signed by the parties.” In re Big 8 Food Stores, Ltd., 166 S.W.3d 869, 876 (Tex. App.—El Paso 2005, orig. proceeding); see Shearson Lehman Hutton, Inc. v. McKay, 763 S.W.2d 934, 937 (Tex. App.—San Antonio 1989, no writ); Valero Ref., Inc. v. M/T Lauberhorn, 813 F.2d 60, 64 (5th Cir. 1987). | 1 | 1 |
United States v. David Michael Kelleygreen1 sentence2010LA FAVE, SEARCH AND SEIZURE , § 8.5(c) (4th ed. 2004 & Supp. 2009). 38 See United States v. Jiminez, 419 F.3d 34, 40 (1st Cir. 2005) (holding that the lessee of an apartment where defendant was residing could not consent to a search of the defendant’s room where the lessee characterized defendant’s bedroom as “his space” and said she did not enter the room “as a regular matter”); People v. Mullaney, 306 N.W.2d 347, 349 (Mich. Ct. App. 1981) (holding that a defendant’s sister could consent to a search of only the common areas of their shared house and her own bedroom, and explicitly stating tha | 1 | 1 |
Valero Refining, Inc. v. M/t Lauberhorn (Ex Trade Endeavor), Etc.green1 sentence2010“Although the FAA requires an arbitration agreement to be written, it does not expressly require the agreement to be signed by the parties.” In re Big 8 Food Stores, Ltd., 166 S.W.3d 869, 876 (Tex. App.—El Paso 2005, orig. proceeding); see Shearson Lehman Hutton, Inc. v. McKay, 763 S.W.2d 934, 937 (Tex. App.—San Antonio 1989, no writ); Valero Ref., Inc. v. M/T Lauberhorn, 813 F.2d 60, 64 (5th Cir. 1987). | 1 | 1 |
People v. Mullaneygreen1 sentence2010LA FAVE, SEARCH AND SEIZURE , § 8.5(c) (4th ed. 2004 & Supp. 2009). 38 See United States v. Jiminez, 419 F.3d 34, 40 (1st Cir. 2005) (holding that the lessee of an apartment where defendant was residing could not consent to a search of the defendant’s room where the lessee characterized defendant’s bedroom as “his space” and said she did not enter the room “as a regular matter”); People v. Mullaney, 306 N.W.2d 347, 349 (Mich. Ct. App. 1981) (holding that a defendant’s sister could consent to a search of only the common areas of their shared house and her own bedroom, and explicitly stating tha | 1 | 1 |
Commonwealth v. O'Nealgreen1 sentence2010LA FAVE, SEARCH AND SEIZURE , § 8.5(c) (4th ed. 2004 & Supp. 2009). 38 See United States v. Jiminez, 419 F.3d 34, 40 (1st Cir. 2005) (holding that the lessee of an apartment where defendant was residing could not consent to a search of the defendant’s room where the lessee characterized defendant’s bedroom as “his space” and said she did not enter the room “as a regular matter”); People v. Mullaney, 306 N.W.2d 347, 349 (Mich. Ct. App. 1981) (holding that a defendant’s sister could consent to a search of only the common areas of their shared house and her own bedroom, and explicitly stating tha | 1 | 1 |
In Re Big 8 Food Stores, Ltd.green1 sentence2010“Although the FAA requires an arbitration agreement to be written, it does not expressly require the agreement to be signed by the parties.” In re Big 8 Food Stores, Ltd., 166 S.W.3d 869, 876 (Tex. App.—El Paso 2005, orig. proceeding); see Shearson Lehman Hutton, Inc. v. McKay, 763 S.W.2d 934, 937 (Tex. App.—San Antonio 1989, no writ); Valero Ref., Inc. v. M/T Lauberhorn, 813 F.2d 60, 64 (5th Cir. 1987). | 1 | 1 |
United States v. Jiminezgreen1 sentence2010LA FAVE, SEARCH AND SEIZURE , § 8.5(c) (4th ed. 2004 & Supp. 2009). 38 See United States v. Jiminez, 419 F.3d 34, 40 (1st Cir. 2005) (holding that the lessee of an apartment where defendant was residing could not consent to a search of the defendant’s room where the lessee characterized defendant’s bedroom as “his space” and said she did not enter the room “as a regular matter”); People v. Mullaney, 306 N.W.2d 347, 349 (Mich. Ct. App. 1981) (holding that a defendant’s sister could consent to a search of only the common areas of their shared house and her own bedroom, and explicitly stating tha | 1 | 1 |
Carr v. Brashergreen1 sentence2003Carr v. Brasher, 776 S.W.2d 567, 569 (Tex.1989). | 1 | 1 |
Gala Homes, Inc. v. Fritzgreen2 sentences1980The Paramount test was relied upon in Gala Homes, Inc. v. Fritz, 393 S.W.2d 409, 411 (Tex.Civ.App.-Waco 1965, writ ref’d n. r. e.), a suit for specific performance of a contract providing for forfeiture of down payment in event of default. 1980The Paramount test was relied upon in Gala Homes, Inc. v. Fritz, 393 S.W.2d 409, 411 (Tex.Civ.App.-Waco 1965, writ ref’d n. r. e.), a suit for specific performance of a contract providing for forfeiture of down payment in event of default. | 1 | 1 |
El Paso Electric Co. v. Safeway Stores, Inc.green2 sentences1970El Paso Electric Co. v. Safeway Stores, 257 S.W.2d 502, 506 (Tex.Civ.App., El Paso 1953, writ ref’d n.r.e.). 1970El Paso Electric Co. v. Safeway Stores, 257 S.W.2d 502, 506 (Tex. Civ.App., El Paso 1953, writ ref'd n.r.e.). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hemphill v. Aukamp
green
1 sentence2018Va. 368 , 264 S.E.2d 163 (1980) ("The paramount principle in construing or giving effect to a trust is that the intention of the settlor prevails, unless it is contrary to some positive rule of law or principle of public policy" and "In ascertaining the intent of the settlor, the entire trust document should be considered."); Syl. | 1 | 2018–2018 |
Kanawha Banking & Trust Co. v. Gilbert
green
1 sentence2018Pt. 3, Kanawha Banking & Trust Co. v. Gilbert, 131 W. | 1 | 2018–2018 |
Nordstrom v. Nordstrom
green
1 sentence2012“In evaluating the needs of the child, and, thus, the exercise of the court’s discretion in determining those needs, we are guided by the paramount principle in child support decisions: the best interest of the child.” Nordstrom, 965 S.W.2d at 579 (citing Rodriguez, 860 S.W.2d at 417 n.3). | 1 | 2012–2012 |
State v. Arnold
green
1 sentence1989But the majority’s paramount error is their refusal to acknowledge and follow McGalliard v. Kuhlmann, supra, and State v. Arnold, supra. | 1 | 1989–1989 |
McGalliard v. Kuhlmann
green
1 sentence1989But the majority’s paramount error is their refusal to acknowledge and follow McGalliard v. Kuhlmann, supra, and State v. Arnold, supra. | 1 | 1989–1989 |
Kaufhold v. McIver
green
2 sentences1988Kaufhold v. McIver, 682 S.W.2d 660 (Tex.App.—Houston [1st Dist.] 1984, writ ref’d n.r.e.). 1988Kaufhold v. McIver, 682 S.W.2d 660 (Tex.App.-Houston [1st Dist.] 1984, writ ref'd n.r.e.). | 1 | 1988–1988 |
Eddins-Walcher Butane Company v. Calvert
green
2 sentences1985Rules of Statutory Construction The paramount rule for statutory construction is set out clearly in Eddins-Walcher Butane Company v. Calvert, 156 Tex. 587 , 298 S.W.2d 93 (1957), where the holding and rule was announced in the following language: “Every word of a statute is presumed to have been used for a purpose, and a cardinal rule of statutory construction requires that each sentence, clause, phrase and word be given effect if reasonably possible.... 1985Rules of Statutory Construction The paramount rule for statutory construction is set out clearly in Eddins-Walcher Butane Company v. Calvert, 156 Tex. 587 , 298 S.W.2d 93 (1957), where the holding and rule was announced in the following language: “Every word of a statute is presumed to have been used for a purpose, and a cardinal rule of statutory construction requires that each sentence, clause, phrase and word be given effect if reasonably possible.... | 1 | 1985–1985 |
City of Mason v. West Texas Utilities Co.
green
1 sentence1980See Calvert v. British-American Oil Producing Co., 397 S.W.2d 839 , 842 (Tex. 1965); City of Mason v. West Texas Utilities Co., 237 S.W.2d 273 , 278 (Tex. 1951); State v. Dyer, 200 S.W.2d 813 , 815 (Tex. 1947); Gilmore v. Waples, 188 S.W. 1037 , 1038 (Tex. 1916); Tex.-Louisiana Power Co. v. Farmersville, 67 S.W.2d 235 , 237 (Tex. Comm'n App. 1933). | 1 | 1980–1980 |
Texas-Louisiana Power Co. v. City of Farmersville
green
1 sentence1980See Calvert v. British-American Oil Producing Co., 397 S.W.2d 839 , 842 (Tex. 1965); City of Mason v. West Texas Utilities Co., 237 S.W.2d 273 , 278 (Tex. 1951); State v. Dyer, 200 S.W.2d 813 , 815 (Tex. 1947); Gilmore v. Waples, 188 S.W. 1037 , 1038 (Tex. 1916); Tex.-Louisiana Power Co. v. Farmersville, 67 S.W.2d 235 , 237 (Tex. Comm'n App. 1933). | 1 | 1980–1980 |
State v. Dyer
green
1 sentence1980See Calvert v. British-American Oil Producing Co., 397 S.W.2d 839 , 842 (Tex. 1965); City of Mason v. West Texas Utilities Co., 237 S.W.2d 273 , 278 (Tex. 1951); State v. Dyer, 200 S.W.2d 813 , 815 (Tex. 1947); Gilmore v. Waples, 188 S.W. 1037 , 1038 (Tex. 1916); Tex.-Louisiana Power Co. v. Farmersville, 67 S.W.2d 235 , 237 (Tex. Comm'n App. 1933). | 1 | 1980–1980 |
Gilmore v. Waples
green
1 sentence1980See Calvert v. British-American Oil Producing Co., 397 S.W.2d 839 , 842 (Tex. 1965); City of Mason v. West Texas Utilities Co., 237 S.W.2d 273 , 278 (Tex. 1951); State v. Dyer, 200 S.W.2d 813 , 815 (Tex. 1947); Gilmore v. Waples, 188 S.W. 1037 , 1038 (Tex. 1916); Tex.-Louisiana Power Co. v. Farmersville, 67 S.W.2d 235 , 237 (Tex. Comm'n App. 1933). | 1 | 1980–1980 |
Perkins v. State
green
1 sentence1943Perkins v. State, 32 Tex. 109 ; Hardeman v. State, 12 Tex. App. 350[ 12 Tex. Crim. 350 ]. | 1 | 1943–1943 |
Mills County v. Lampasas County
green
2 sentences1935"Numerous authorities from other states and the United States and some from Texas are cited in support of the above doctrine of the text. "`The paramount rule of construction is to find out the legislative intent, which is the law and must prevail.' Ellis County v. Thompson, 95 Tex. 22 , 32 , 64 S.W. 927 , 66 S.W. 48 . "`The Legislative intent constitutes the law.' McInery v. City of Galveston, 58 Tex. 334 ; Russell v. Farquhar, 55 Tex. 355 . "`Strictly speaking, there is but one rule of construction, and that is the legislative intent must govern; all other canons of interpretation, so called 1935"Numerous authorities from other states and the United States and some from Texas are cited in support of the above doctrine of the text. "`The paramount rule of construction is to find out the legislative intent, which is the law and must prevail.' Ellis County v. Thompson, 95 Tex. 22 , 32 , 64 S.W. 927 , 66 S.W. 48 . "`The Legislative intent constitutes the law.' McInery v. City of Galveston, 58 Tex. 334 ; Russell v. Farquhar, 55 Tex. 355 . "`Strictly speaking, there is but one rule of construction, and that is the legislative intent must govern; all other canons of interpretation, so called | 1 | 1935–1935 |
Imperial Irrigation Co. v. Jayne
green
2 sentences1935"Numerous authorities from other states and the United States and some from Texas are cited in support of the above doctrine of the text. "`The paramount rule of construction is to find out the legislative intent, which is the law and must prevail.' Ellis County v. Thompson, 95 Tex. 22 , 32 , 64 S.W. 927 , 66 S.W. 48 . "`The Legislative intent constitutes the law.' McInery v. City of Galveston, 58 Tex. 334 ; Russell v. Farquhar, 55 Tex. 355 . "`Strictly speaking, there is but one rule of construction, and that is the legislative intent must govern; all other canons of interpretation, so called 1935"Numerous authorities from other states and the United States and some from Texas are cited in support of the above doctrine of the text. "`The paramount rule of construction is to find out the legislative intent, which is the law and must prevail.' Ellis County v. Thompson, 95 Tex. 22 , 32 , 64 S.W. 927 , 66 S.W. 48 . "`The Legislative intent constitutes the law.' McInery v. City of Galveston, 58 Tex. 334 ; Russell v. Farquhar, 55 Tex. 355 . "`Strictly speaking, there is but one rule of construction, and that is the legislative intent must govern; all other canons of interpretation, so called | 1 | 1935–1935 |
| Koy v. Schneider green | 1 | 1935–1935 |
| Russell v. Farquhar green | 1 | 1935–1935 |
| McInery v. City of Galveston neutral | 1 | 1935–1935 |
| Koy v. Schneider green | 1 | 1935–1935 |
| Ellis County v. Thompson neutral | 1 | 1935–1935 |
Edwards v. Morton
green
2 sentences1935Cas. 1914B, 322; Koy v. Schneider, 110 Tex. 369 , 218 S.W. 479 , 221 S.W. 880 . "`The intention of the Legislature in enacting a law is the law itself.' Edwards v. Morton, 92 Tex. 152 , 153 , 46 S.W. 792 . "`The great fundamental rule in construing statutes is to ascertain and give effect to the intent of the Legislature.' 36 Cyc. 1106, 2. 1935Cas. 1914B, 322; Koy v. Schneider, 110 Tex. 369 , 218 S.W. 479 , 221 S.W. 880 . "`The intention of the Legislature in enacting a law is the law itself.' Edwards v. Morton, 92 Tex. 152 , 153 , 46 S.W. 792 . "`The great fundamental rule in construing statutes is to ascertain and give effect to the intent of the Legislature.' 36 Cyc. 1106, 2. | 1 | 1935–1935 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.