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12 Texas opinions name it 3 courts 1877–2019 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 |
|---|---|---|
Dr. Behzad Nazari, D.D.S. v. Stategreen1 sentence2019If, as here, the claimant relies on a statutory waiver of immunity from suit, the legislature’s expression of that waiver for the claim at issue must be “clear and unambiguous.” See Nazari v. State, 561 S.W.3d 495, 500 (Tex. 2018); Tooke v. City of Mexia, 197 S.W.3d 325, 328-29 (Tex. 2006); Tex. Gov’t Code § 311.034. | 1 | 1 |
Tooke v. City of Mexiagreen1 sentence2019If, as here, the claimant relies on a statutory waiver of immunity from suit, the legislature’s expression of that waiver for the claim at issue must be “clear and unambiguous.” See Nazari v. State, 561 S.W.3d 495, 500 (Tex. 2018); Tooke v. City of Mexia, 197 S.W.3d 325, 328-29 (Tex. 2006); Tex. Gov’t Code § 311.034. | 1 | 1 |
Buntion v. Harmongreen2 sentences1994See also Buntion v. Harmon, 827 S.W.2d 945 (Tex.Crim.App.1992); Curry v. Wilson, 853 S.W.2d 40, 43 (Tex.Crim.App.1993). 1994See also Buntion v. Harmon, 827 S.W.2d 945 (Tex.Crim.App.1992); Curry v. Wilson, 853 S.W.2d 40, 43 (Tex.Crim.App. 1993). | 1 | 1 |
Curry v. Wilsongreen2 sentences1994See also Buntion v. Harmon, 827 S.W.2d 945 (Tex.Crim.App.1992); Curry v. Wilson, 853 S.W.2d 40, 43 (Tex.Crim.App.1993). 1994See also Buntion v. Harmon, 827 S.W.2d 945 (Tex.Crim.App.1992); Curry v. Wilson, 853 S.W.2d 40, 43 (Tex.Crim.App. 1993). | 1 | 1 |
Prestwood v. Taylorgreen1 sentence1990See generally Parker v. Highland Park, Inc., 565 S.W.2d 512, 513 (Tex.1978); Prestwood v. Taylor, 728 S.W.2d 455, 460 (Tex.App.-Austin 1987, writ ref’d n.r.e.); Williams v. Holman, 524 S.W.2d 809, 810 (Tex.Civ.App.—Texarkana 1975, no writ). | 1 | 1 |
Williams v. Holmangreen1 sentence1990See generally Parker v. Highland Park, Inc., 565 S.W.2d 512, 513 (Tex.1978); Prestwood v. Taylor, 728 S.W.2d 455, 460 (Tex.App.-Austin 1987, writ ref’d n.r.e.); Williams v. Holman, 524 S.W.2d 809, 810 (Tex.Civ.App.—Texarkana 1975, no writ). | 1 | 1 |
Parker v. Highland Park, Inc.green1 sentence1990See generally Parker v. Highland Park, Inc., 565 S.W.2d 512, 513 (Tex.1978); Prestwood v. Taylor, 728 S.W.2d 455, 460 (Tex.App.-Austin 1987, writ ref’d n.r.e.); Williams v. Holman, 524 S.W.2d 809, 810 (Tex.Civ.App.—Texarkana 1975, no writ). | 1 | 1 |
Dodd v. Gainesgreen1 sentence1910See Dodd v. Gaines, 82 Texas, 429 , for an expression of the rule in accordance with the wording of this instruction. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Witt v. Harlan
green
2 sentences1981Witt v. Harlan, 66 Tex. 660 , 2 S.W. 41 (1886); Young v. DeLaGarza, supra. Assuming doubt as to the meaning of Paragraph 4 brings into play these rules of construction. 1981Witt v. Harlan, 66 Tex. 660 , 2 S.W. 41 (1886); Young v. DeLaGarza, supra. Assuming doubt as to the meaning of Paragraph 4 brings into play these rules of construction. | 2 | 1963–1981 |
Obert v. Landa
neutral
2 sentences1919Obert v. Landa, 59 Tex. 475 .' We note that Judge Henry, in the same case, Obert v. Landa, quoted by Judge Neill, again decided on another appeal, 78 Tex. 33 , 14 S.W. 302 , seems to have modified the rule in so far as it erects a standard of resistance to be that of a man of ordinary courage and firmness; and the Court of Civil Appeals in the case of Gray v. Freeman, 37 Tex. Civ. 1913Obert v. Landa, 59 Tex. 475 .” We note that Judge Henry, in the same case, Obert v. Landa, quoted by Judge Neill, again decided on another appeal, 78 Tex. 33 , 14 S. W. 302 , seems to have modified the rule in so far as it erects a standard of resistance to be that of a man of ordinary courage and firmness; and the Court of Civil Appeals in the case of Gray v. Freeman, 37 Tex. Civ. | 2 | 1913–1919 |
Landa v. Obert
green
2 sentences1919Obert v. Landa, 59 Tex. 475 .' We note that Judge Henry, in the same case, Obert v. Landa, quoted by Judge Neill, again decided on another appeal, 78 Tex. 33 , 14 S.W. 302 , seems to have modified the rule in so far as it erects a standard of resistance to be that of a man of ordinary courage and firmness; and the Court of Civil Appeals in the case of Gray v. Freeman, 37 Tex. Civ. 1913Obert v. Landa, 59 Tex. 475 .” We note that Judge Henry, in the same case, Obert v. Landa, quoted by Judge Neill, again decided on another appeal, 78 Tex. 33 , 14 S. W. 302 , seems to have modified the rule in so far as it erects a standard of resistance to be that of a man of ordinary courage and firmness; and the Court of Civil Appeals in the case of Gray v. Freeman, 37 Tex. Civ. | 2 | 1913–1919 |
Beyer v. Employees Retirement System of Texas
green
1 sentence1998Id. at 626 . | 1 | 1998–1998 |
Young v. De La Garza
green
1 sentence1981Witt v. Harlan, 66 Tex. 660 , 2 S.W. 41 (1886); Young v. DeLaGarza, supra. Assuming doubt as to the meaning of Paragraph 4 brings into play these rules of construction. | 1 | 1981–1981 |
Sirtex Oil Industries, Inc. v. Erigan
green
1 sentence1981Sirtex Oil Industries, Inc. v. Erigan, 403 S.W.2d 784 (Tex.1966); 35 Tex.Jur.2d Landlord and Tenant § 20; and (2) in instances of a conflict between provisions of an agreement which render the intention doubtful, the expression in the clause first appearing will control. | 1 | 1981–1981 |
Osburn v. Smart
green
1 sentence1957Moreover, as held in Osburn v. Smart, Tex.Civ.App., Fort Worth, 58 S.W.2d 1073 , at page 1078 (error dismissed): “If there is an irreconcilable conflict between clauses of the contract, by reason of which the meaning is obscured or rendered doubtful, the expression in the clause first appearing will control. 10 Tex.Jurisprudence, page 311, Sec. 179, and cases there cited.” The clause “doing any and all acts and things necessary for its maintenance as such.” is not repugnant to the provision requiring that the work be done in accordance with the plans and specifications. | 1 | 1957–1957 |
Porto Rico Railway, Light & Power Co. v. Mor
green
2 sentences1948Light & Power Co. v. Mor, 253 U.S. 345 , 40 S.Ct. 516 , 64 L.Ed. 944 , United States v. Standard Brewery, 251 U.S. 210 , 40 S.Ct. 139 , 64 L.Ed. 299 . 1948Light & Power Co. v. Mor, 253 U.S. 345 , 40 S.Ct. 516 , 64 L.Ed. 944 , United States v. Standard Brewery, 251 U.S. 210 , 40 S.Ct. 139 , 64 L.Ed. 299 . | 1 | 1948–1948 |
United States v. Standard Brewery, Inc.
green
2 sentences1948Light & Power Co. v. Mor, 253 U.S. 345 , 40 S.Ct. 516 , 64 L.Ed. 944 , United States v. Standard Brewery, 251 U.S. 210 , 40 S.Ct. 139 , 64 L.Ed. 299 . 1948Light & Power Co. v. Mor, 253 U.S. 345 , 40 S.Ct. 516 , 64 L.Ed. 944 , United States v. Standard Brewery, 251 U.S. 210 , 40 S.Ct. 139 , 64 L.Ed. 299 . | 1 | 1948–1948 |
Duty v. Graham
green
1 sentence1877(Duty v. Graham, 12 Tex., 427 ; Mann v. Falcon, 25 Tex., 275 .) The rule of construction, that “ the expression of a clause which the law implies works nothing,” leads to the conclusion that this provision may be treated as surplusage. | 1 | 1877–1877 |
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.