Case law

Chicago, R. I. & G. Ry. Co. v. Forrester

137 S.W. 162 · Court of Appeals of Texas · Apr 13, 1911

Forrester’s own testimor ny established the following facts: When he left Ft. … “clearly appears” that no injury has resulted to the opposing party.

Norman v. Thompson

30 Tex. Civ. App. 537 · Court of Appeals of Texas · Nov 29, 1902

But the established rule is that the particular form and manner pointed out by the statute for giving notice is not essential. Actual notice to the great body of electors is sufficient. … The end sought to be attained by the statute, to wit, the giving of notice of the questions to be voted for at the town meeting, was accomplished in this case, as already clearly appears.”

Marsh v. Ferguson

262 S.W. 805 · Court of Appeals of Texas · Feb 21, 1924

The question of the disqualification of a trial judge has been before the courts many times, and it is the policy of the courts to hold the trial court qualified whenever it is at all possible. … It seems to be a well-established principle of law that one individual taxpayer may in equity institute and prosecute an injunction suit to restrain the collection of an illegal tax, and thereby prevent a multiplicity of

NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA v. Hudson Energy Co. Inc.

780 S.W.2d 417 · Court of Appeals of Texas · Nov 17, 1989

In Marshall , the court reasoned that since the qualified pilot was actually piloting the plane at the time of the accident, and since the qualified pilot’s presence at the controls satisfied the provisions of the federal … If we find some probative evidence, we will test the factual sufficiency of that evidence by examining the entire record to determine whether the finding is clearly wrong and unjust.

Mathews v. Autry

65 S.W.2d 798 · Court of Appeals of Texas · Nov 9, 1933

, and, if rejected, to establish it by suit' in a court of competent jurisdiction. … If Autry had undertaken to establish his claim in the usual manner as a fixed indebtedness against the estates of the minors, he clearly should have pursued the course • prescribed by the statutes.

White v. Sturns

651 S.W.2d 372 · Court of Appeals of Texas · May 2, 1983

more clearly reflected by a particular than by a general statute. … V, since its original adoption, was intended to effectuate a departure from the established practice which has prevailed between 1876 and the present, whereby the Governor has routinely utilized art.

First National Bank of McAllen v. Brown

644 S.W.2d 808 · Court of Appeals of Texas · Sep 9, 1982

Where the owner of the property is the witness testifying to its value, the rules pertaining to establishing the value of the property in question should be liberally construed. Classified Parking System v. … —Dallas 1973, writ ref’d n.r.e.) for the proposition that a Certificate of Title is a sufficient writing to qualify as an enforceable security interest.

Anderson v. Anderson

767 S.W.2d 163 · Court of Appeals of Texas · Aug 11, 1988

It was further established at the hearing that appellant still owned the two lots he received pursuant to the 1975 divorce decree. … The emphasized language, “may assign”, clearly indicates that it is not mandatory that the court assign a value to such assets.

Mark Products U.S., Inc. v. InterFirst Bank Houston, N.A.

737 S.W.2d 389 · Court of Appeals of Texas · Aug 13, 1987

The standards for review of summary judgment established by the Supreme Court of Texas are as follows: 1. … In its brief, Mark Products asserts that it was not only the seller of the equipment, qualified as a holder of a purchase money security interest under § 9.107(1) of the UCC, but it is also a lender, qualified under § 9.107

Ham v. State

4 Tex. Ct. App. 645 · Court of Appeals of Texas · Jul 1, 1878

Ct. 380. “ The interest and purpose of this clause was to declare to the several states that whatever those rights, as you grant or establish them to your own citizens, or as you limit or qualify them, or impose restrictions … If, as a citizen of a common country, he is protected by the sagis of a common Constitution, and, as such citizen, is established in his rights to all the privileges and immunities of citizenship in each state forming an

Ex Parte Willig

314 S.W.2d 395 · Court of Appeals of Texas · May 1, 1958

Conrad Rees who shall have hereafter full authority and is so directed to take possession of the said minor child and that she be carried to the City of Keene, Johnson County, Texas, and placed in a home which is now established … The court then said: “It is true the act speaks of ‘guardianship’ in connection with the award of custody and control of the minor in the exercise of the jurisdiction there conferred; yet clearly the use of such term is not

Rayburn v. Harrison

269 S.W.2d 487 · Court of Appeals of Texas · Jun 2, 1954

Rayburn qualified as administrator of the estates of W. C. Rayburn, Dora Rayburn and Dilly Morrison; that W. D. … The appellants sought to establish title to the outstanding record title of the Morrison heirs by adverse possession.

City of Fort Worth v. Fire Department of City of Fort Worth

213 S.W.2d 347 · Court of Appeals of Texas · Jul 9, 1948

Sections 2 to 24, inclusive, provide in detail for the establishment of the civil service and mode of its operation. … Atkinson, Tex.Com.App., 18 S.W.2d 594, 595 , it is said: “This clearly shows that the legislative power is in all things supreme; that the power of the municipality is subject in all respects to ‘such limitations’ as may

Galvan v. State

699 S.W.2d 663 · Court of Appeals of Texas · Oct 30, 1985

The general principles concerning competence of expert witnesses are well established. Membership in the profession to which the matter relates is not adequate to qualify as an expert. … Norton qualified as an expert witness. Dr.

Gulf, Colorado & Santa Fe Railway Co. v. Condra

36 Tex. Civ. App. 556 · Court of Appeals of Texas · Oct 13, 1904

This charge is clearly erroneous in that it required of the defendant a higher degree of proof in the establishment of its defense of want of ordinary care on the part of plaintiff in the treatment of her injury than the … The court in several paragraphs of his charge, in stating that it was the duty of plaintiff to get upon defendant’s train within a reasonable time after it arrived at the station, uses the qualifying clause, "conditioned

Sovereign Camp, Woodmen of the World v. Martin

211 S.W. 270 · Court of Appeals of Texas · Apr 3, 1919

In such cases appellate courts have authority to set aside a verdict when it is shown by such preponderance of the evidence to be clearly wrong, but the mere fact that it may seem to be against the preponderance of the evidence … The trial court in his qualifying statement to the bill cites evidence adduced in the trial of the case which rendered the argument permissible, if not entirely proper.

State v. Central Power & Light Co.

147 S.W.2d 330 · Court of Appeals of Texas · Jan 23, 1941

To fix and maintain standards and figures whereby the price of electric light and motor power, and also the preparation of electric light and motor power for market might be, and were, affected, controlled, and established … Also, we pretermit a discussion of appellant’s proposition that, if it be conceded that the City of Yorktown was not within our anti-trust statutes and was not subject to prosecution thereunder, such immunity did not extend

Young, Keven

Court of Appeals of Texas · Oct 28, 2015

§d 215 (5th Eir. 2010) "A state court's decision is contrary to clearly established precedent if the state court applies a rule that contradicts the governing law set forth by the United States Bupreme Eourt_w » The State's … insistence on non-cognizability would in fact be an application of such a contrary rule that would contradict clearly established Federal law.

Bexar-Medina-Atascosa Counties Water Improvement Dist. No. 1 v. State

21 S.W.2d 747 · Court of Appeals of Texas · Oct 30, 1929

The district' was organized under the statute by a .unanimous vote of the land-owning taxpayers, being qualified voters, and the district has been' conserving and distributing the waters as required by the statute. … It is the general rule that upon the party claiming an exemption from taxation rests the burden of clearly establishing such exemption, and while we are of opinion that the rule has been met in this case, still in a case

Carl v. Settegast

211 S.W. 506 · Court of Appeals of Texas · Mar 27, 1919

be qualified by the word ‘«fair,” or in any other manner. … of the word “fair,” qualifying the word “preponderance,” has several times been condemned.