Case law

Gallagher v. Gallagher

214 S.W. 516 · Court of Appeals of Texas · Jun 4, 1919

The evidence is clearly insufficient in this case to show statutory venue. … The jurisdiction of the court was attacked by a plea, and was one of the contested points on the trial, and venue should have been clearly shown.

Orrick v. City of Fort Worth

52 Tex. Civ. App. 308 · Court of Appeals of Texas · Nov 14, 1908

Samuels was duly elected city attorney under said charter and duly qualified. … It would therefore seem to be going very far to say upon a collateral attack, such as we conceive this to be, that the charter and election should be annulled for some mere irregularity in depositing the ballot which so clearly

North Texas Construction Co. v. San Jacinto Oil Co.

42 Tex. Civ. App. 607 · Court of Appeals of Texas · Apr 14, 1906

Inasmuch as the court finally took the case from the jury and rendered judgment on the master’s report and the established facts, we will not stop to consider whether the case should or should not have been previously treated … Blain, of plaintiff in error, that it gave his company the right to any quantity of oil it saw fit to order, which would render the contract clearly unilateral and unenforceable.

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

Hilltop Village, Inc. v. Kerrville Independent School District

410 S.W.2d 824 · Court of Appeals of Texas · Dec 30, 1966

The trial court, without the intervention of a jury, rendered judgment declaring that plaintiff, Hilltop Village, Incorporated, does not qualify for and is not entitled to exemption from the ad valorem taxes assessed by the … The burden of proof is on one claiming exemption from taxation to show by facts that he comes clearly within the requirements of the Constitution and statutory exemptions. Morris v.

McCoy v. Williams

500 S.W.2d 178 · Court of Appeals of Texas · Sep 19, 1973

But there are certain recognized exceptions to this rule, some established by statute. … The right of taxpayers to institute a suit to have a deed declared void because of the failure of the city to comply with the election provisions of Article 1015c was clearly recognized in Turullols v.

General Land Office v. Rutherford Oil Corp.

802 S.W.2d 65 · Court of Appeals of Texas · Mar 13, 1991

Such hearing shall be conducted in accordance with the rules and procedures established by the commissioner. … The GLO’s agency proceeding, in this cause, does not qualify as an audit as that word is commonly used.

Lang v. Henke & Pillot

22 Tex. Civ. App. 490 · Court of Appeals of Texas · Jan 17, 1900

On that day, appellant insisting on a jury trial, the court had three reputable and qualified citizens summoned as jury commissioners, who were duly sworn and instructed, and who selected thirty jurors and returned their … The statute clearly gave the court the authority to choose a jury as it did. Rev. Stats., arts. 3150, 3182; Smith v. Bates (Texas Civ. App.), 28 S. W. Rep., 64 ; Roundtree v. Gilroy, 57 Texas, 176 .

Canada v. State

547 S.W.3d 4 · Court of Appeals of Texas · Aug 17, 2017

sufficient" on its own "to establish guilt." … qualified to testify regarding accident reconstruction if they are trained in the science about which they will testify and possess the high degree of knowledge sufficient to qualify as an expert" and concluding that because

Baylor University v. Bradshaw

52 S.W.2d 1094 · Court of Appeals of Texas · Jun 27, 1932

It contends in this regard that Wolf’s calculation of this-distance as from 75 to 100 feet must be qualified by his further testimony that this was an approximation and that the real distance-depended upon where the train … Wolf’s evidence was clearly sufficient to support his estimate of 75 to 100 feet and the physical facts did not necessarily negative this evidence.

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.

Tarrant County v. Roberts

374 S.W.2d 695 · Court of Appeals of Texas · Jan 9, 1964

county shall have the right to provide for and administer a Retirement, Disability and Death Compensation Fund for the appointive officers and employees of the county; provided same is authorized by a majority vote of the qualified … XVI, Sec. 62 (b) Texas Constitution) (Emphasis supplied) clearly grants the right to the governing body of any county to establish such a system but only after the use of such right is authorized by the people. “ ‘The grant

Colvin, Billy Gordon

Court of Appeals of Texas · Dec 28, 2015

Applicant herein relies upon his history with this Honorable Court, and established law, in regards to Art. ll.07 (C.C.P.) that clearly denotes the dispositions of such writs of habeas corpus: "Dispositions relating to the … Ex Parte Santana was such a case that recognized that an applicant, much like that in Ex Parte Evans, that the initial application challenged only the revocation of parole "did not qualify as an application that challenged

Hanh H. Duong v. Bank One, N.A.

169 S.W.3d 246 · Court of Appeals of Texas · Jun 23, 2005

Once established, the fact that an employee has responsibility with respect to certain instruments may have legal implications — i.e., it may establish the section 3.405 faithless employee defense with respect to the instruments … Appellants further contend that the trial court abused its discretion by denying their request to substitute a denial for the qualified admission to request number 6.

Southwest Paper Stock, Inc. v. Zoning Bd. of Adjustment of City of Fort Worth

980 S.W.2d 802 · Court of Appeals of Texas · Nov 12, 1998

The board’s decision is presumed to be legal, and a party attacking it bears the burden of establishing that the Board clearly abused its discretion. See Boehme Bakery, 190 S.W.2d at 70 ; Nu-Way Emulsions Inc. v. … These individuals clearly qualify as "adjacent” landowners.

Olmos v. Pecan Grove Municipal Utility District

857 S.W.2d 734 · Court of Appeals of Texas · Jun 10, 1993

The MUD established all of the elements necessary for a valid interpleader action. … Olmos asserts that the Water Code clearly establishes that purchasers, such as Pecan Grove, acquire absolutely no interest in utility facilities on their property.

Waldschmit v. City of New Braunfels

193 S.W. 1077 · Court of Appeals of Texas · Feb 7, 1917

But that object ought never to be presumed to be to deprive a citizen of his constitutional right of “life, liberty, property, privileges or immunities,” unless it be expressly or by necessary implication so declared. … Anything that they might do in attempting to carry into execution the powers expressly granted would' be sustained by the courts, unless it was clearly shown to be unreasonable.

Brannon v. Morgan

106 S.W.2d 841 · Court of Appeals of Texas · Mar 8, 1937

If the issue as to the appointment of a trustee is doubtful, the courts uniformly hold that no testamentary trust has been established. Speairs v. Ligon, 59 Tex. 233 ; Peet v. Commerce & Estry St. Ry. … Brannon alone qualified as executrix and as such she has the power, under proper orders of the probate court, to dispose of and sell the property coming into her hands.

Driscoll Foundation v. Nueces County

445 S.W.2d 1 · Court of Appeals of Texas · Sep 4, 1969

The hospital had been established and has been in operation at all times material to this suit. … In so doing, we are constrained to hold that the Trustees do not qualify for the exemption.

Lewis v. Colorado County Federal Savings & Loan Ass'n

456 S.W.2d 445 · Court of Appeals of Texas · May 27, 1970

whose functions shall be limited to the receipt of applications for loans, the servicing of loans and contracts, or to the management or sale of real estate owned by the association, provided such agent is a ‘mortgagee’ qualified … other information as to clearly show the nature of the proposed operation; * * * ” Sec. 2.08 of the Texas Savings and Loan Act, Art. 852a, Vernon’s Ann.Tex.