Legal Opinion

Tooke v. City of Mexia

Texas Supreme Court

Decided June 30, 2006No. 03-0878PublishedCited by 872 opinions

1Opinion of the CourtJustice Hecht

in which Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice BRISTER, Justice MEDINA, and Justice GREEN joined.

Scores of Texas statutes provide, variously, that individuals and entities, public and private, may “sue and (or) be sued”, “(im)plead and (or) be impleaded”, “be impleaded”, “prosecute and defend”, “defend or be defended”, “answer and be answered”, “complain and (or) defend”, or some combination of these phrases, in court. 1 The phrases are also used in municipal charters and ordinances and in corporate articles and bylaws. Read in context, they sometimes waive governmental…

Also in this document: Concurring in part, dissenting in part; Dissent.

2Cases cited103 opinions

  1. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  2. Agostini v. FeltonSupreme Court of the United States · 1997
  3. Texas Natural Resource Conservation Commission v. IT-DavyTexas Supreme Court · 2002
  4. American Transitional Care Centers of Texas, Inc. v. PalaciosTexas Supreme Court · 2001
  5. Idaho v. Coeur D'Alene Tribe of IdahoSupreme Court of the United States · 1997

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3Cited by872 opinions

  1. Reata Construction Corp. v. City of DallasTexas Supreme Court · 2006
  2. Alamo Heights Independent School District v. Catherine ClarkTexas Supreme Court · 2018
  3. Rusk State Hospital v. BlackTexas Supreme Court · 2012
  4. The City of Houston v. Steve WilliamsTexas Supreme Court · 2011
  5. Ben Bolt-Palito Blanco Consolidated Independent School District v. Texas Political Subdivisions Property/Casualty Joint Self-Insurance FundTexas Supreme Court · 2006

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