Case law

Gulf, T. & W. Ry. Co. v. Culver

168 S.W. 514 · Court of Appeals of Texas · May 30, 1914

Clearly the law is not now as it was before the amendment. … This testimony was clearly self-serving. Jones on Evidence, §§ 344, 345; Railway Co. v. Moore, 69 Tex. 157 , 6 S.

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

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.”

Apodaca v. Montes

606 S.W.2d 734 · Court of Appeals of Texas · Oct 1, 1980

Thus, we conclude that error has not been established. … We also conclude no harm has been shown because the evidence does not establish that Appellant has, because of his fi *737 nancial condition, been unable to qualify to write bonds in the county.

Leong v. Wright Ex Rel. Wright

478 S.W.2d 839 · Court of Appeals of Texas · Mar 29, 1972

The nurses at Spring Branch Memorial Hospital are excellent, they are interested in the patients and are qualified. … Thus it was established by findings of the jury that the other defendant, Conoway, was a joint tort-feasor.

Hill v. Evans

414 S.W.2d 684 · Court of Appeals of Texas · Apr 12, 1967

The caption of House Joint Resolution No. 13 clearly reflects that the legislature did not regard annual registration for voters a new subject requiring mention on the ballot. … The language of the proposition clearly set it apart from the fifteen other propositions.

Hill v. State

644 S.W.2d 849 · Court of Appeals of Texas · Nov 10, 1982

To establish this element the State must depend upon circumstantial evidence and the law of parties. … The identity and mode of preparation of the memorandum on record in accordance with the provisions of paragraph one (1) *853 may be proved by the testimony of the entrant, custodian or other qualified witness even though

Sawyer v. El Paso & Northeastern Railway Co.

49 Tex. Civ. App. 106 · Court of Appeals of Texas · Feb 5, 1908

Justice Miller in the Slaughterhouse cases, in speaking of the purpose of this clause of the Constitution: “Its sole purpose was to declare to the several States, that whatever those rights, as you grant and establish them … to your own citizens, or as you limit or qualify, or impose restrictions on their exercise, the same, neither more nor less, shall be the measure of the rights of citizens of other States within your jurisdiction.”

Sabine River Authority v. Crabb

372 S.W.2d 575 · Court of Appeals of Texas · Nov 1, 1963

Anderson, both of whom qualified as experts. … The first point is therefore sustained as to the findings in response to Special Issues Nos. 2 and 3, purporting to establish the amount of damage to the minerals, but is overruled as to the finding of value of the surface

City of Denton v. Page

683 S.W.2d 180 · Court of Appeals of Texas · Jan 17, 1985

We find that such pleadings fail to establish the existence of a waiver of immunity under the Texas Tort Claims Act. Section 14(9) of the Act clearly states that “[t]he provision of this Act shall not apply to: ... … Section 3 of the Act, establishes the statutory waiver of immunity for political subdivisions.

Trinity Steel Co. v. Modern Gas Sales & Service Co.

392 S.W.2d 861 · Court of Appeals of Texas · Jun 29, 1965

Those restrictions are more than a guarantee of immunity from inconvenient or distant litigation. They are a consequence of territorial limitations on the power of the respective States. … Edgar, supra ( 388 S.W.2d 927 ) is clearly distinguishable from the facts in this case — in McKanna v.

Gravis v. Rogers

214 S.W.2d 886 · Court of Appeals of Texas · Nov 3, 1948

Appellees brought the suit seeking a declaratory judgment establishing their rights as against appellants to receive payment of the award. Appellees (except Dr. George W. … Under the Constitution and laws in force at the date of this deed, the right of the wife to own property, both real and personal, as her separate estate is clearly given.

Frost v. Crockett

109 S.W.2d 529 · Court of Appeals of Texas · Jun 12, 1936

Mateer died, and no administrator or executor was appointed or qualified within one year over the estate of said Mrs. M. C. … As we have before stated, this testimony clearly raised the issue of title by limitation of 10 years in the defendants. The evidence further shows that the land was conveyed by Tobe Caldwell to O. L.

Price v. Powell

57 S.W.2d 1121 · Court of Appeals of Texas · Mar 16, 1933

Mildred Price qualified as independent executrix of his estate on the 19th day of August, 1925. Mrs. … These facts clearly show that two-year time had run long before the amended petition was filed on the 3d day of June, 1931.

Amstater v. Andreas

273 S.W.2d 95 · Court of Appeals of Texas · Oct 27, 1954

The words “qualified electors” appearing in Art. 6, Sec. 3a of the Constitution obviously refer to qualified electors in the newly created district where the bonds were to be voted upon, and who would have the burden of taxation … Rather, we think *103 the words “qualified electors” in Art. 6, Sec. 3a of the Constitution, when considered in connection -with Art. 5:02 of the Election Code, indicate that electors to be qualified must reside in the district

Maxon v. Franz

525 S.W.2d 714 · Court of Appeals of Texas · Jul 16, 1975

The boundaries of those precincts had not been changed since their original establishment in 1876. The Commissioners Court adopted a reorganization plan which became effective on July 1,1973. … Those two provisions of the statute are clearly severa-ble. They relate to the continuation in two named, separate and distinct offices.

Balias v. Balias, Inc.

748 S.W.2d 253 · Court of Appeals of Texas · Feb 18, 1988

Thus, this court has jurisdiction if the trial court’s order qualifies as “final.” We hold that it does. … A trial court abuses its discretion when its decision fails to comport with established rules and principles. See Downer v.

Hays County Appraisal District v. Robinson

809 S.W.2d 328 · Court of Appeals of Texas · May 8, 1991

The Board’s “insufficient evidence” point of error will be sustained only if, after reviewing the entire record, the finding is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. … Stevenson also stated that she aided the Hornes in planting and maintaining an orchard on the property. 2 The crux of the Board’s contention is that cultivation of the soil, standing alone, is insufficient under § 23.51(2) to establish

Hardin v. Hardin

1 S.W.2d 708 · Court of Appeals of Texas · Dec 16, 1927

to establish the date, if any, - which Mrs. … In respect to these matters, the burden was clearly upon the plaintiff, and it was error not to so instruct the jury.

Houston & Texas Central Railroad v. Parnell

56 Tex. Civ. App. 265 · Court of Appeals of Texas · Jun 2, 1909

However, we are of opinion that the evidence referred to comes within a well established exception to the general rule which excludes opinion testimony by nonexpert witnesses. … Furthermore, the act of negligence relied on for recovery was so clearly established as to leave no room for doubt on that subject.