Case law

Boomer v. Massachusetts Bonding & Ins. Co.

148 S.W.2d 945 · Court of Appeals of Texas · Jan 30, 1941

Boomer qualified as administratrix of the Estate of Monte H. … There was no more obligation, certainly, resting upon her to incur the expense to establish the correctness of her position than upon the defendant to establish its.

Finley v. Finley

318 S.W.2d 478 · Court of Appeals of Texas · Nov 7, 1958

Established law in this state requires us to hold that the will of Ella S. Finley comes within the Rule in Shelley’s Case and that Norman L. Finley took fee simple title to the land owned by Ella S. … This language does clearly show an intention to limit the interest of Norman L. Finley in the lands to a life estate only.

Hyatt v. Mercury Life & Health Co.

202 S.W.2d 320 · Court of Appeals of Texas · Mar 12, 1947

Hughes, Jr., are entitled to remain in office as hold-over directors until their successors are duly elected and have qualified, and no such successors have been duly elected and qualified.” … “To grant the temporary writ of injunction prayed for by the plaintiff would clearly be in contravention of the well-established rule announced in those authorities; and also in violation of the further rule in equity announced

Tarrant County Hospital District v. Hughes

734 S.W.2d 675 · Court of Appeals of Texas · Apr 9, 1987

Plaintiff’s original petition alleges that the deceased was given blood transfusions by relator which resulted in her contracting Acquired Immune Deficiency Syndrome (AIDS), and in the death of the deceased. … contends that the order complained of violates TEX.R.EVID. 509, that it violates the blood donors’ constitutional right to privacy, and that the societal interest in maintaining a healthy and effective blood donor program clearly

Southern Traction Co. v. Hulbert

177 S.W. 551 · Court of Appeals of Texas · May 15, 1915

It is only when the evidence so preponderates against the verdict that it may be said to be clearly wrong that the appellate court should interpose and set it aside. … John Davis very clearly qualified as a witness competent to speak as to whether or not the services of such a man as Walter Hul-bert had a market value, and as to what was such market value, and, upon the authority of the

Peil v. Waller County Appraisal District

737 S.W.2d 33 · Court of Appeals of Texas · Jul 23, 1987

The purpose of this requirement was to establish that such properties still remained eligible for the exemption. … Appellant clearly failed to comply with any of the procedural requirements of Chapters 41 and 42 of the Tax Code.

San Antonio River Authority v. Garrett Brothers

528 S.W.2d 266 · Court of Appeals of Texas · Apr 23, 1975

The, evidence clearly establishes -that- the ■ October 28, 1971, meeting was not a formal meeting of-the city council. There is no.showing that a quorum was present. No vote was taken. … In fact, the existence of this purpose was conclusively established by such other testimony.

Cheatwood v. Jackson

442 S.W.2d 789 · Court of Appeals of Texas · May 28, 1969

The summary judgment evidence, however, establishes that the publications alleged were made under circumstances creating a conditional or qualified privilege. 36 Tex.Jur.2d 357, Sec. 71. … It is our opinion that the record does not establish the truth of the publications.

Soria v. American Nat. Ins. Co.

57 S.W.2d 321 · Court of Appeals of Texas · Feb 16, 1933

The court also qualified this bill of exception practically the same as he did the first bill. Evidently the witness, Del Lester, paid no attention to the instructions of the court. … W. 617 , where it was held: “Hearsay testimony unsupported, is insufficient to establish an essential fact.”

Pickett v. J. J. Willis Trucking Co.

624 S.W.2d 664 · Court of Appeals of Texas · Oct 15, 1981

This liability can be limited or qualified by special contract, provided the limitation or qualification is just and reasonable, and does not exempt the carrier from loss or responsibility due to negligence. … Special issues established the market value of the truck to be $17,040.00 and the salvage value to be $2500.00. ($17,040.00 - $2500.00 = $14,540.00) 2 .

Ranger Insurance Co. v. Robertson

707 S.W.2d 135 · Court of Appeals of Texas · Feb 12, 1986

Trial by consent is only intended to apply in the exceptional case where it clearly appears from the record as a whole that the parties tried the unpleaded issue. … Rule 67 is not intended to establish a general rule of practice and should be applied with care and not in doubtful cases. Jay Fikes and Associates v.

Brook Mays Organ Co., Inc. v. Sondock

551 S.W.2d 160 · Court of Appeals of Texas · May 5, 1977

Reduced to its simplest terms, plaintiffs’ contention is that they have established an equitable estoppel as a matter of law. We disagree. In the seminal case, Gulbenkian v. … Both sides produced qualified experts who testified at great length on each and every accounting area in dispute. As to the majority of these issues, the jury chose to believe the defendants’ witnesses.

United States Fidelity & Guaranty Co. v. San Diego State Bank

155 S.W.2d 411 · Court of Appeals of Texas · Sep 18, 1941

At the time he qualified as guardian there was on deposit with defendant belonging to the estate of the minor, the sum of $2471.97. … If limitation commenced to run from the date of each breach, clearly the cause of action is barred by limitation. Art. 5529, R.S.1925.

Gerst v. Goldsbury

425 S.W.2d 14 · Court of Appeals of Texas · Feb 21, 1968

With reference to the established and projected economic and population characteristics of the primary trade area, Dr. Gene C. … There is no evidence in the record that Mission Savings cannot qualify for insurance.

Texas Employer's Insurance Ass'n v. Sauceda

636 S.W.2d 494 · Court of Appeals of Texas · Jun 2, 1982

TEIA also claims the jury’s finding is so contrary to the great weight and preponderance of the evidence as to be clearly wrong. … We further question the qualifying of such an invitation as a recordation of a condition resting in reasonable medical certainty. 5 .

Universal City v. City of Selma

514 S.W.2d 64 · Court of Appeals of Texas · Aug 29, 1974

To overcome this presumption and have the ordinance declared void, Universal City sought to establish that (1) no election was held to obtain the approval of a majority of the qualified voters residing in the territory prior … In recognition of the separation of powers doctrine, the courts of this state will not enjoin the enactment of an annexation ordinance, although it clearly appears that the ordinance will be void, unless it is also clear

Hartford Fire Insurance v. Rainbow Drilling Co.

748 S.W.2d 262 · Court of Appeals of Texas · Mar 10, 1988

Alternatively, in the second point appellants contend the evidence conclusively established that appellee's use of the vehicle constituted "loading and unloading." … Clearly, the workers compensation exclusion is an affirmative defense not plead or involved in the "duty to defend" question presented.

Gambel v. State

835 S.W.2d 788 · Court of Appeals of Texas · Aug 6, 1992

To establish a prima facie case of purposeful discrimination in selection of the jury, the U.S. … Supreme Court concludes that the Equal Protection Clause prohibits a prosecutor from using his peremptory challenges to exclude otherwise qualified and unbiased persons from the petit jury solely by reason of their race.

In re Amos

397 S.W.3d 309 · Court of Appeals of Texas · Mar 6, 2013

notice- of the hearing, and therefore had no opportunity to “cross-examine [the] witnesses, nor to present any witnesses or evidence to contravene the issues addressed.” 2 She also argued that the motion for recusal did not establish … Impropriety of the motion for reconsideration We conclude that Judge Mullin’s motion for reconsideration was improper, and thus that Judge Pirtle clearly erred by signing the order granting reconsideration and setting Amos

Turner v. Zanes

206 S.W.2d 144 · Court of Appeals of Texas · Oct 17, 1947

And a conclusive answer to the insistence that picketing is constitutionally immune from all regulation may be found in Carpenters and Joiners Union v. Ritter’s Cafe, supra (affirmed by U. S. … To the contrary, all parts thereof appear sufficiently definite and certain, labor defendants being clearly advised of what they can and cannot do.