Texas Case Commentaries

Duty of Disclosure in Real Estate Transactions: Smith v. National Resort Communities, Inc.

Date: Sep 20, 1979

Duty of Disclosure in Real Estate Transactions: Smith v. National Resort Communities, Inc. Introduction Warren H. Smith et ux. v. National Resort Communities, Inc., decided by the Supreme Court of...

Negligence Per Se Not Established for Statutory Violations in Wrongful Death Action: Carter v. Sommerville and Son, Inc.

Date: Jul 26, 1979

Negligence Per Se Not Established for Statutory Violations in Wrongful Death Action: Carter v. Sommerville and Son, Inc. Introduction Carter v. Sommerville and Son, Inc. (584 S.W.2d 274) is a pivotal...

Texas Supreme Court Affirms Inclusion of National Bank Income in Franchise Tax Gross Receipts

Date: Jul 26, 1979

Texas Supreme Court Affirms Inclusion of National Bank Income in Franchise Tax Gross Receipts Introduction In the landmark case of Bob Bullock, Comptroller of Public Accounts of the State of Texas et...

Reaffirmation of Mandatory Rehearing Motions and Mandamus as a Remedy in Stoner v. Massey

Date: Jul 19, 1979

Reaffirmation of Mandatory Rehearing Motions and Mandamus as a Remedy in Stoner v. Massey Introduction In the landmark case of William Howard Stoner, Relator, v. Honorable Frank A. Massey et al.,...

Turner v. General Motors Corp.: Affirming Strict Liability in Design Defects for Crashworthiness

Date: Jul 19, 1979

Turner v. General Motors Corp.: Affirming Strict Liability in Design Defects for Crashworthiness Introduction The case of Robert A. Turner v. General Motors Corporation et al., adjudicated by the...

Supremacy Clause Preempts Division of Railroad Retirement Benefits in Texas Divorce Cases

Date: Jul 12, 1979

Supremacy Clause Preempts Division of Railroad Retirement Benefits in Texas Divorce Cases Introduction The case of William John Eichelberger v. Helen Beatrice Eichelberger, decided by the Supreme...

Overruling Lex Loci Delicti and the Dissimilarity Doctrine: Insights from Esperanza Gutierrez v. Edward R. Collins

Date: Jul 12, 1979

Overruling Lex Loci Delicti and the Dissimilarity Doctrine: Insights from Esperanza Gutierrez v. Edward R. Collins Introduction Esperanza Gutierrez v. Edward R. Collins, 583 S.W.2d 312, adjudicated...

Waiver of Jury Argument Reversible Error: Standard Fire Insurance Co. v. Arthur Reese, Jr.

Date: Jun 7, 1979

Waiver of Jury Argument Reversible Error: Standard Fire Insurance Company v. Arthur Reese, Jr. (584 S.W.2d 835) Introduction Standard Fire Insurance Company v. Arthur Reese, Jr., decided by the...

Affirmation of Res Judicata and Lis Pendens in Texas Water Rights Adjudication

Date: May 31, 1979

Affirmation of Res Judicata and Lis Pendens in Texas Water Rights Adjudication Introduction In the landmark case of TEXAS WATER RIGHTS COMMISSION et al. v. CROW IRON WORKS et al., decided on May 30,...

Establishing the Burden of Meritorious Defense in Texas Bill of Review: Baker v. Goldsmith

Date: May 24, 1979

Establishing the Burden of Meritorious Defense in Texas Bill of Review: Baker v. Goldsmith Introduction Baker v. Goldsmith, 582 S.W.2d 404 (Tex. 1979), serves as a pivotal case in Texas civil...

Sufficiency of Pleadings in Post-Answer Default Judgments: STONER v. THOMPSON

Date: Apr 12, 1979

Sufficiency of Pleadings in Post-Answer Default Judgments: STONER v. THOMPSON Introduction The case of Roger H. Stoner v. Joe Glenn Thompson et al., decided by the Supreme Court of Texas on April 11,...

Texas Supreme Court Affirms Enforceability of Irrevocable Letters of Credit Issued by National Banks Under UCC

Date: Apr 5, 1979

Texas Supreme Court Affirms Enforceability of Irrevocable Letters of Credit Issued by National Banks Under UCC Introduction The case of The Republic National Bank of Dallas v. Northwest National Bank...

Ensuring Due Process in Constructive Contempt: Ex parte Aubrey Jerald Gordon

Date: Apr 5, 1979

Ensuring Due Process in Constructive Contempt: Ex parte Aubrey Jerald Gordon Introduction Ex parte Aubrey Jerald Gordon is a seminal case adjudicated by the Supreme Court of Texas on April 4, 1979....

Negligent Hiring and Gross Negligence: The Estate of Earl Arrington v. Eugene Fields

Date: Mar 16, 1979

Negligent Hiring and Gross Negligence: The Estate of Earl Arrington v. Eugene Fields Introduction The case of The Estate of Earl Arrington et al. v. Eugene Fields (578 S.W.2d 173) heard by the Court...

Nora Ray v. Farmers' State Bank of Hart: Establishing Negligence Standards in Check Alteration Cases

Date: Jan 18, 1979

Nora Ray v. Farmers' State Bank of Hart: Establishing Negligence Standards in Check Alteration Cases Introduction The case of Nora Ray v. Farmers' State Bank of Hart, Texas (576 S.W.2d 607)...

Enhanced Duty for Governmental Entities Regarding Special Roadway Defects: County of Harris v. Eaton

Date: Dec 7, 1978

Enhanced Duty for Governmental Entities Regarding Special Roadway Defects: County of Harris v. Eaton Introduction County of Harris v. Eaton et al., 573 S.W.2d 177 (Tex. 1978), is a landmark case...

Directed Verdict Based on Uncontradicted Party Testimony in Common-Law Marriage Claims: Collora v. Navarro

Date: Nov 30, 1978

Directed Verdict Based on Uncontradicted Party Testimony in Common-Law Marriage Claims: Collora v. Navarro Introduction Ollie B. Collora v. Franklin R. Navarro, 574 S.W.2d 65 (Tex. 1978), is a...

Ensuring Effective Assistance of Counsel in Indigent Appeals: The High v. Texas Decision

Date: Nov 30, 1978

Ensuring Effective Assistance of Counsel in Indigent Appeals: The High v. Texas Decision Introduction The case of Jerry Lee HIGH v. The STATE of Texas was adjudicated by the Court of Criminal Appeals...

Recognition of Independent Loss of Consortium Actions in Texas: Whittlesey v. Miller

Date: Nov 23, 1978

Recognition of Independent Loss of Consortium Actions in Texas: Whittlesey v. Miller Introduction Case: David Andrew Whittlesey, Petitioner, v. Ann P. Miller, Respondent Court: Supreme Court of Texas...

Limits on Appellate Review of Temporary Injunctions: Insights from Davis v. Huey

Date: Nov 2, 1978

Limits on Appellate Review of Temporary Injunctions: Insights from Davis v. Huey Introduction Tom H. Davis and his wife, Hattie Davis, entered into a legal dispute with Robert M. Huey and his wife,...

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