paramount rule (Texas) · Go Syfert
← Texas issues

paramount rule in Texas

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.

Followed or applied (15)

CaseFollowedCited
Rodriguez v. Rodriguezgreen
tex · 1993 · cited in 12 Texas opinions naming this issue, 1995–2012
2 sentences

2012“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).

512
Hollifield v. Hollifieldgreen
texapp · 1996 · cited in 3 Texas opinions naming this issue, 2009–2009
2 sentences

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).

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).

33
Calvert v. British-American Oil Producing Co.green
tex · 1965 · cited in 2 Texas opinions naming this issue, 1980–1980
2 sentences

1980See 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).

22
Forest Oil Corp. v. McAllengreen
tex · 2008 · cited in 2 Texas opinions naming this issue, 2011–2018
2 sentences

2018In 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)).

12
Dolan v. Walkergreen
tex · 1932 · cited in 2 Texas opinions naming this issue, 1935–1975
2 sentences

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.

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.

12
Shearson Lehman Hutton, Inc. v. McKaygreen
texapp · 1989 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010“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).

11
United States v. David Michael Kelleygreen
ca9 · 1992 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010LA 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

11
Valero Refining, Inc. v. M/t Lauberhorn (Ex Trade Endeavor), Etc.green
ca5 · 1987 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010“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).

11
People v. Mullaneygreen
michctapp · 1981 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010LA 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

11
Commonwealth v. O'Nealgreen
pasuperct · 1981 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010LA 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

11
In Re Big 8 Food Stores, Ltd.green
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010“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).

11
United States v. Jiminezgreen
ca1 · 2005 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010LA 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

11
Carr v. Brashergreen
tex · 1989 · cited in 1 Texas opinions naming this issue, 2003–2003
1 sentence

2003Carr v. Brasher, 776 S.W.2d 567, 569 (Tex.1989).

11
Gala Homes, Inc. v. Fritzgreen
texapp · 1965 · cited in 1 Texas opinions naming this issue, 1980–1980
2 sentences

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.

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.

11
El Paso Electric Co. v. Safeway Stores, Inc.green
texapp · 1953 · cited in 1 Texas opinions naming this issue, 1970–1970
2 sentences

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.).

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.).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (20)

CaseCitedYears
Hemphill v. Aukamp green
wva · 1980
1 sentence

2018Va. 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.

12018–2018
Kanawha Banking & Trust Co. v. Gilbert green
wva · 1947
1 sentence

2018Pt. 3, Kanawha Banking & Trust Co. v. Gilbert, 131 W.

12018–2018
Nordstrom v. Nordstrom green
texapp · 1998
1 sentence

2012“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).

12012–2012
State v. Arnold green
tex · 1989
1 sentence

1989But the majority’s paramount error is their refusal to acknowledge and follow McGalliard v. Kuhlmann, supra, and State v. Arnold, supra.

11989–1989
McGalliard v. Kuhlmann green
tex · 1986
1 sentence

1989But the majority’s paramount error is their refusal to acknowledge and follow McGalliard v. Kuhlmann, supra, and State v. Arnold, supra.

11989–1989
Kaufhold v. McIver green
texapp · 1984
2 sentences

1988Kaufhold 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.).

11988–1988
Eddins-Walcher Butane Company v. Calvert green
tex · 1957
2 sentences

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....

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....

11985–1985
City of Mason v. West Texas Utilities Co. green
tex · 1951
1 sentence

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).

11980–1980
Texas-Louisiana Power Co. v. City of Farmersville green
texcommnapp · 1933
1 sentence

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).

11980–1980
State v. Dyer green
tex · 1947
1 sentence

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).

11980–1980
Gilmore v. Waples green
tex · 1916
1 sentence

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).

11980–1980
Perkins v. State green
tex · 1869
1 sentence

1943Perkins v. State, 32 Tex. 109 ; Hardeman v. State, 12 Tex. App. 350[ 12 Tex. Crim. 350 ].

11943–1943
Mills County v. Lampasas County green
tex · 1897
2 sentences

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

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

11935–1935
Imperial Irrigation Co. v. Jayne green
tex · 1911
2 sentences

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

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

11935–1935
Koy v. Schneider green
tex · 1920
11935–1935
Russell v. Farquhar green
tex · 1881
11935–1935
McInery v. City of Galveston neutral
tex · 1883
11935–1935
Koy v. Schneider green
tex · 1920
11935–1935
Ellis County v. Thompson neutral
tex · 1901
11935–1935
Edwards v. Morton green
tex · 1898
2 sentences

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.

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.

11935–1935

Statutes the citing opinions construe

TX § Tex. Fam. Code § 154.126 (7) TX § Tex. Fam. Code § 106.002 (4) TX § Tex. Fam. Code § 154.125 (4) TX § Tex. Fam. Code § 153.002 (3) TX § Tex. Fam. Code § 153.131 (3) TX § Tex. Fam. Code § 154.066 (3) TX § Tex. Fam. Code § 7.001 (3)

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.

Where else courts name it

CA 131 (1897–2025) IL 83 (1869–2021) WV 75 (1953–2026) MO 56 (1887–2024) AR 38 (1934–2024) SC 30 (1915–2026) TX 29 (1935–2018) MI 28 (1970–2026) TN 26 (1879–2020) NY 24 (1848–2018) PA 19 (1923–2024) VA 18 (1880–2021) MS 16 (1909–2026) IN 14 (1872–2008) FL 12 (1970–2021) MD 12 (1925–2018) GA 11 (1970–2019) AL 11 (1892–2002) KS 11 (1955–1994) OH 10 (1901–2024) OK 10 (1920–2016) WA 8 (1947–2023) LA 7 (1939–2004) MA 6 (1947–2003) CO 6 (1909–2024) UT 6 (1982–2011) IA 5 (1914–2014) KY 5 (1982–2014) WY 5 (1883–1988) WI 5 (1893–2016) NJ 5 (1953–2015) NC 4 (1934–2016) SD 4 (1898–2002) DE 3 (1959–2019) ID 2 (1975–1992) ND 2 (1954–2018) MT 2 (1951–1960) OR 2 (1894–1975) CT 2 (1901–1988) NV 2 (1968–2022) AZ 2 (1915–2011)

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.

← Caselaw search · G Cite Topics · Brief Check