Case law

Turner v. State

16 Tex. Ct. App. 378 · Court of Appeals of Texas · Jun 4, 1884

We think the evidence in this case clearly demanded this further explanation of the law, to be considered by the jury in connection with the special charge given. (1 Bish. Crim. … The State , 8 Texas Court of Appeals, 90, implied malice is thus explained: “ When the fact of unlawful killing is established, and there are no circumstances in evidence which may tend to establish the existence of express

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.

Ring Energy v. Trey Res., Inc.

546 S.W.3d 199 · Court of Appeals of Texas · Jan 18, 2017

The Amarillo *206 Court of Appeals likened the permit to a driver's license which allows one to drive a car, but does not provide immunity for any resulting damages: Specifically, securing a permit does not immunize the recipient … Travis County court denied injunctive relief, which was affirmed in part because: "[i]f such injunction were necessary to preserve the subject-matter of the suit until final adjudication of the issue of title could be had, clearly

In re Estate of Riefler

540 S.W.3d 626 · Court of Appeals of Texas · Nov 28, 2017

He also claimed that none of the Jonas brothers "have legally qualified as heirs of Claudia Jonas" and therefore they had no authority to proceed in the case. … Here, the evidence neither establishes as a matter of law that Ayers lacked capacity to enter into the agreement nor is it against the great weight and preponderance of the evidence such that it is clearly wrong or unjust

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

Hart v. Harrell

17 S.W.2d 1093 · Court of Appeals of Texas · May 10, 1929

Cooper to testify to the effect that Burkett approached him soon after the executors of Phillips’ estate qualified, and asked to know if he (Burkett) would pay the judgment, would he be given a discount on it, and was told … They want to sell it;’ and he said Wes, it is settled.’ ” This conversation occurred after the transfer had been made to Morris, and Burkett, not being a party to the suit, the testimony was clearly hearsay.

City of Houston v. Huber

311 S.W.2d 488 · Court of Appeals of Texas · Mar 6, 1958

Lee was well qualified to testify as to values. … Such case is clearly distinguishable from the instant case.

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.

Stern v. Reass

559 S.W.2d 898 · Court of Appeals of Texas · Dec 8, 1977

Irene Stern died in 1968 and her surviving husband, George Stern, probated her will and qualified as executor of her estate. The Inheritance Tax Return filed by Mr. … The terms of the will itself clearly establish the agreement of the testator and the testatrix to dispose of all property then owned by them and to leave their joint will unrevoked after the death of the first to die.

State v. Carswell

384 S.W.2d 407 · Court of Appeals of Texas · Nov 20, 1964

Applying the established applicable rules, we overrule appellant’s contentions that there was no evidéhce, or that it is insufficient to support the verdict and that said findings are so contrary to the overwhelming weight … It says that he qualified as an expert and the State was entitled to present his testimony to the jury.

Huff v. State

23 Tex. Ct. App. 291 · Court of Appeals of Texas · Apr 16, 1887

Huff, on or about the first day of April, 1884, was then and there county attorney in and for Wichita county, Texas, duly elected and qualified, and acting as such; that on the said day and date aforesaid did then and there … This was clearly done if by altering the date the information was deprived of the support of the complaint and thereby rendered imperfect and invalid.

Northwest Independent School District v. Carroll Independent School District

502 S.W.3d 919 · Court of Appeals of Texas · Oct 20, 2016

And although the metes and bounds legal description establishing Northwest ISD references one of the parts of the boundary as being the County Line, it also clearly refers to the entire land area as containing 136,322 total … Absent evidence of a latent ambiguity, which Carroll ISD has after every opportunity failed to produce, Carroll ISD’s argument that the boundary line established in 1949 is somewhere other than as established in those orders

Pulte v. Keel

297 S.W. 241 · Court of Appeals of Texas · May 7, 1927

“In all elections determining the expenditure of money for the assumption of debt only those shall be qualified to vote who pay taxes on property in said city and are legally qualified voters therein. … We think what has been so clearly stated by Judge Cureton in the case of Foster v. City of Waco applies with equal force to the' case we have before us.

Volkmer v. Chase

354 S.W.2d 611 · Court of Appeals of Texas · Feb 15, 1962

Such a construction of the will is required by the well established rules for the construction of wills applicable to the facts of this case. Rust v. … The devise to the trustee is clearly conditioned on the death of Vivian Eleena Chase.

St. Louis, Iron Mountain & Southern Railway Co. v. Rogers

49 Tex. Civ. App. 304 · Court of Appeals of Texas · Feb 22, 1908

The proposition is that-: "Evidence merely to the effect that cattle sold for a certain price without anything else being shown in addition to the actual sale, does not tend to establish their market value at tlie-time-of … That the purpose of the delay at Texarkana, however, was not to comply with the 28 hour law, is clearly apparent from the record.

Bratton v. Alexander

582 S.W.2d 251 · Court of Appeals of Texas · May 17, 1979

The venue facts necessary for plaintiff to establish ... to sustain venue in a county other than the county of defendant’s residence are: “1. … But clearly, we think, this requires “qualification” in court by the defendant.- Here the defendant is the widow of the deceased driver and has not been appointed or qualified judicially in any manner required by the amended

Clay v. Aig Aerospace Insurance Services, Inc.

488 S.W.3d 402 · Court of Appeals of Texas · Mar 31, 2016

Janes where, in response to an objection *412 that a witness was not qualified to express an opinion, the trial court stated, “I believe this witness would be better qualified to answer the question than anybody else, I know … of, certainly better qualified than a stranger to [Janes].... ” Thompson v.

City of Wichita Falls v. Gleghorn

531 S.W.2d 879 · Court of Appeals of Texas · Dec 5, 1975

Jones, Jr., a qualified real estate appraiser, who was a member of the American Society of Appraisers, testified at length. He prepared a detailed map and aerial photographs of Gleghorn’s property. … As such, the instruction was clearly erroneous as a comment on the weight of the evidence.”

Terry v. City of Dallas

175 S.W.2d 97 · Court of Appeals of Texas · May 28, 1943

McElroy, Tex.Civ.App., 254 S.W. 599, 602 , this Court, although approving the issuance of such process in that case, took occasion to say: “As above stated, the proof clearly disclosed the inevitable final result. … East-us, a qualified expert, that the property in question was without value for residential purposes and suitable only for the use being made of it; also offered to prove by Mr.

Stratton v. Commissioners' Court of Kinney County

137 S.W. 1170 · Court of Appeals of Texas · May 17, 1911

That Joseph Veltman is the duly elected, qualified, and acting county judge of said county. That N. Castro is the duly elected, qualified, and acting county commissioner for commissioner’s precinct No. 1 of said county. … These constitutional provisions and the legislative enactments require an affirmative answer to the question, and establish appellees’ first proposition, unless said legislative provision is affected by Acts 26th Leg. p.