Texas Case Commentaries

Limitation of Citizen's Right to Enjoin Public Expenditures: Insights from P.L. Osborne v. R.M. Keith

Date: Jan 6, 1944

Limitation of Citizen's Right to Enjoin Public Expenditures: Insights from P.L. Osborne v. R.M. Keith Introduction P.L. Osborne v. R.M. Keith ET AL. (142 Tex. 262), decided by the Supreme Court of...

Affirmation of Homestead Rights Usage Test Over Intent: Analysis of RANCHO OIL COMPANY v. ALLEN POWELL

Date: Nov 11, 1943

Affirmation of Homestead Rights Usage Test Over Intent: Analysis of RANCHO OIL COMPANY v. ALLEN POWELL Introduction The case of RANCHO OIL COMPANY ET AL v. ALLEN POWELL ET AL. (142 Tex. 63),...

Implied Warranty of Wholesomeness in Food Products: Decker Sons v. Capps

Date: Jul 23, 1942

Implied Warranty of Wholesomeness in Food Products: Decker Sons v. Capps Introduction The case Jacob E. Decker Sons, Incorporated v. Mrs. Pearl Capps et al. (139 Tex. 609), adjudicated by the Supreme...

Interpretation of "Produced" in Oil and Gas Leases: ANASTACIO GARCIA ET AL v. R.A. KING ET AL. (139 Tex. 578)

Date: Jul 16, 1942

Interpretation of "Produced" in Oil and Gas Leases: ANASTACIO GARCIA ET AL v. R.A. KING ET AL. (139 Tex. 578) Introduction The case of Anastacio Garcia et al. v. R.A. King et al. adjudicated by the...

Affirmation of Negligence and Appellate Deference in Barrington v. Duncan

Date: Jun 19, 1942

Affirmation of Negligence and Appellate Deference in Barrington et al. v. Duncan et al. Introduction Barrington et al. v. Duncan et al. is a landmark case adjudicated by the Court of Civil Appeals of...

Affirmation of Absolute Void Nature of Unauthorized Trustee's Deeds in Foreclosure Sales

Date: May 14, 1942

Affirmation of Absolute Void Nature of Unauthorized Trustee's Deeds in Foreclosure Sales Introduction The case Sue Alice Slaughter et vir v. H.B. Qualls (139 Tex. 340) adjudicated by the Supreme...

Preventing Arbitrary Discretion in Oil Well Permitting: Supreme Court of Texas Establishes Standards in Railroad Commission v. Shell Oil

Date: Mar 12, 1942

Preventing Arbitrary Discretion in Oil Well Permitting: Supreme Court of Texas Establishes Standards in Railroad Commission v. Shell Oil Introduction The case of Railroad Commission of Texas et al v....

Defining Fiduciary Duty and Joint Tortfeasor Liability: Kinzbach Tool Co. v. Corbett-Wallace Corp. (1942)

Date: Mar 5, 1942

Defining Fiduciary Duty and Joint Tortfeasor Liability: Kinzbach Tool Co. v. Corbett-Wallace Corp. (1942) Introduction The case of Kinzbach Tool Company, Incorporated v. The Corbett-Wallace...

Unitized Leases and Royalty Interests: Establishing Necessary Parties in Land Title Disputes

Date: Feb 26, 1942

Unitized Leases and Royalty Interests: Establishing Necessary Parties in Land Title Disputes Introduction The case of George T. Veal et al. v. Claude A. Thomason, adjudicated by the Supreme Court of...

Establishing Burden of Proof for Contributory Negligence in Texas Jurisprudence

Date: Feb 19, 1942

Establishing Burden of Proof for Contributory Negligence in Texas Jurisprudence Introduction The case of C.E. Le MASTER v. FORT WORTH TRANSIT COMPANY ET AL. (138 Tex. 512), decided by the Supreme...

Res Judicata and Bulk Property Assessment in Tax Law: A.S. Victory v. Texas

Date: Jan 15, 1942

Res Judicata and Bulk Property Assessment in Tax Law: Insights from A.S. Victory et al v. The State of Texas Introduction The case of A.S. Victory et al v. The State of Texas (138 Tex. 285)...

Estoppel in Special Issues and Burden of Proof: Northeast Texas Motor Lines, Inc. v. J.L. Hodges

Date: Jan 8, 1942

Estoppel in Special Issues and Burden of Proof: Northeast Texas Motor Lines, Inc. v. J.L. Hodges Introduction The case of Northeast Texas Motor Lines, Incorporated v. J.L. Hodges, decided by the...

Assignment Clauses Favoring Assignees Over Third-Party Intervenors: A Comprehensive Commentary

Date: Mar 20, 1941

Assignment Clauses Favoring Assignees Over Third-Party Intervenors: A Comprehensive Commentary Introduction The case CITIZENS NATIONAL BANK IN ABILENE v. TEXAS PACIFIC RAILROAD COMPANY ET AL. (136...

Land Conveyance Interpretation: 'Not Including the Road' Reserved as Easement Without Affecting Fee Ownership

Date: Jan 23, 1941

Land Conveyance Interpretation: 'Not Including the Road' Reserved as Easement Without Affecting Fee Ownership Introduction Stanley Lewis et al v. East Texas Finance Company et al. (No. 7565, Supreme...

State Liability in Highway Construction and Eminent Domain: THE STATE OF TEXAS ET AL v. W.S. HALE ET UX.

Date: Jan 23, 1941

State Liability in Highway Construction and Eminent Domain: THE STATE OF TEXAS ET AL v. W.S. HALE ET UX. Introduction The case THE STATE OF TEXAS ET AL v. W.S. HALE ET UX. (136 Tex. 29) adjudicated...

Rebutting Presumptions of Ownership and Employment in Vehicle-Related Liability Cases: Empire Gas Fuel Co. v. Muegge et al.

Date: Oct 24, 1940

Rebutting Presumptions of Ownership and Employment in Vehicle-Related Liability Cases: Empire Gas Fuel Company v. Ed Muegge et al. (135 Tex. 520) Introduction The case of Empire Gas Fuel Company v....

MRS. W.J. DUHIG ET AL v. PEAVY-MOORE LUMBER CO., INC.: Establishing Boundaries in Mineral Rights through Estoppel

Date: Oct 17, 1940

MRS. W.J. DUHIG ET AL v. PEAVY-MOORE LUMBER CO., INC.: Establishing Boundaries in Mineral Rights through Estoppel Introduction The case of MRS. W.J. DUHIG ET AL v. PEAVY-MOORE LUMBER CO., INC. (135...

Comprehensive Commentary on Wichita Falls Oklahoma Railway Co. v. A.C. Pepper

Date: Jan 11, 1940

Judicial Commentary: Authority on Special Issues Submission in Tort Claims Introduction The case of Wichita Falls Oklahoma Railway Company et al. v. A.C. Pepper, reported in 134 Tex. 360 (Supreme...

Setting Aside Default Judgments Due to Non-Intentional Failures: IRL Craddock v. Sunshine Bus Lines, Inc.

Date: Nov 23, 1939

Setting Aside Default Judgments Due to Non-Intentional Failures: IRL Craddock v. Sunshine Bus Lines, Inc. Introduction The case IRL Craddock v. Sunshine Bus Lines, Incorporated, decided by the...

Extension of Debt and Lien Through Written Acknowledgement in Interconnected Corporate Entities: First National Bank in Canyon v. Gamble

Date: Oct 19, 1939

Extension of Debt and Lien Through Written Acknowledgement in Interconnected Corporate Entities: First National Bank in Canyon v. Gamble Introduction The case of First National Bank in Canyon et al...

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