Case law

Johnson v. State

5 Tex. Ct. App. 43 · Court of Appeals of Texas · Jul 1, 1878

resist such police officer in the lawful discharge of his duty is a wrong-doer; and if, in mak *46 ing such resistance to such officer, he shall kill such officer, the offence is murder.’ ” This charge is not sufficiently qualified … The rules under which an arrest may be made by a peace officer, without warrant, are clearly and definitely defined.

Coleman v. Donaho

559 S.W.2d 860 · Court of Appeals of Texas · Nov 23, 1977

The appellants complain, additionally, that no predicate was established for the admission of life expectancy table figures for Roger and Linda Granger. … The Donahos clearly intended, rather, for their petition to initiate an adversary proceeding.

City of Austin v. Gifford

824 S.W.2d 735 · Court of Appeals of Texas · Feb 5, 1992

In fact, say appellants, the evidence shows that Gifford’s award is clearly excessive. … The court held that to the extent its ruling in Hamilton conflicted with the rule established in Clanton v.

Ada Oil Company v. Logan

447 S.W.2d 205 · Court of Appeals of Texas · Sep 17, 1969

The methods used by plaintiff in arriving at that figure does not establish market value. … Under the peculiar facts of this case, we believe that the witnesses should be shown to be qualified to express an opinion as to reasonable market value, and if the witnesses are qualified and able to do so, reasonable market

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.

Plocek v. Welhausen

144 S.W.2d 631 · Court of Appeals of Texas · Oct 30, 1940

From the bill it appears that appellants are residents' and qualified voters of Election Precinct No. 2, Commissioners’ Precinct No. 3, of LaSalle County. … This article relates to establishment of voting precincts by the establishment of the boundary lines thereof, and does not relate to the designation of the place where the voters shall cast their ballots therein.

City of Fort Worth v. Holland

748 S.W.2d 112 · Court of Appeals of Texas · Mar 31, 1988

Bradley further testified that at no time did the City inspect the break site and that no one qualified to determine the cause of the water main failure examined the site of the break while the broken main was uncovered for … and preponderance as to be manifestly unjust; why it shocks the conscience; or clearly demonstrates bias.

In the Interest of Miller

605 S.W.2d 332 · Court of Appeals of Texas · Jul 24, 1980

Does the limitation, by clearly discriminating between legitimates and illegitimates, violate the constitutional guarantee of equal protection under the law? … We do not conclude that, as a result, such limitations are immune from bringing about unconstitutional results.

Speiden v. State

3 Tex. Ct. App. 156 · Court of Appeals of Texas · Jul 1, 1877

In this case it is objected that the witnesses testifying did not qualify themselves as experts. We do not think the objection tenable. … In Haynie’s case it was held that the same rule as that established in civil cases would control. Hanley v. Gandy, 28 Texas, 211 .

Rea v. Gaulke

442 S.W.2d 826 · Court of Appeals of Texas · May 28, 1969

He testified to an educational and training background which clearly qualified him as an expert witness. He is a medical doctor specializing in abdominal surgery. … IV and that such answer was not so against the weight of the evidence as to be clearly wrong. The defendant, Dr. Cook, had not even seen the plaintiff before the operation.

Johnson v. State

666 S.W.2d 518 · Court of Appeals of Texas · Dec 22, 1983

CODE CRIM.PROC.ANN. art. 35.03 and art. 2120 do not apply once a panel has been qualified. I disagree. … Juries § 205 a & b (1947) accurately summarizes the law in this area: The matter of excusing jurors is addressed to the sound discretion of the trial judge, the exercise which will not be interfered with unless it is clearly

Southern Kansas Ry. Co. of Texas v. Hughey

182 S.W. 361 · Court of Appeals of Texas · Jan 26, 1916

It is insisted under this assignment that the witness was not qualified. He testified that he had heretofore engaged in shipping hogs from Pampa to Ft. … We think this witness was qualified to testify on this point.

Ball v. Miller

187 S.W. 688 · Court of Appeals of Texas · May 24, 1916

The rule is further discussed and clearly announced by Cobbs, Justice, in Yndo v. Rivas et al., 142 S. W. 920 , and the holding approved by the Supreme Court. … Under the decisions cited, this clearly entitles appellee to maintain his action.

Neuhoff v. Piranha Partners

578 S.W.3d 543 · Court of Appeals of Texas · May 15, 2018

STANDARD OF REVIEW The standard of review for a traditional summary judgment under Rule 166a(c) of the Texas Rules of Civil Procedure is well established. See Nixon v. Mr. … In that context, we note that the assignment clearly and specifically qualifies the leases assigned as being "only insofar as these leases cover the lands described hereinabove ."

Baskin v. Walschak

202 S.W. 747 · Court of Appeals of Texas · Mar 25, 1918

It was further clearly shown that X A. Tutor voted at the election against the issuance of the bonds, but the boxes contained no ballot purporting to have been cast by him. … and not a body politic or corporate in law, and that said purported Buckholts road district No. 8 be and the same is hereby restrained from exercising or attempting to exercise any act, right, or privilege or claim any immunity

Bellotti, Carl Matthew III AKA Belotti, Carl Mathew Iii

Court of Appeals of Texas · Mar 18, 2015

For some definitions of the word clearly, see BLACK'S LAW DICTIONARY, Ninth Edition (2009), West Publishing Co., Inc., St. Paul, MN @ p. 267. … Though the witness attempted to qualify his affirmative answer by noting that "he was very surprised to learn of the charges against [petitioner] because from my association with him l,had. detected no indication

Sears v. Davis

19 S.W.2d 159 · Court of Appeals of Texas · May 31, 1929

Such construction, therefore, resulted in both courts holding, upon a finding that the parent was qualified but that respondent was as well or better qualified, that the custody of the child should be awarded to the respondent … In other words, that court clearly refused to recognize the authority of State v. Deaton and adhered to Legate v. Legate. A significant fact is that the Supreme Court refused a writ of error.

In re Vossdale Townhouse Ass'n

302 S.W.3d 890 · Court of Appeals of Texas · Dec 29, 2009

established legal right cannot be just. … established right to counsel of choice.

Yarborough v. State

983 S.W.2d 352 · Court of Appeals of Texas · Dec 28, 1998

In rebuttal, defense counsel argued that Thomas was educated and “imminently qualified to be on the jury, and we submit ... that the only reason to strike this woman was racial.” … Thus, the State’s observations regarding these venire members’ behavior and demean- or was established for the record.

Powell v. Bond

150 S.W.2d 337 · Court of Appeals of Texas · Apr 17, 1941

option elections under the old law, announced this general rule, which we think is applicable here: “ * * * except as to the jurisdictional facts with regard to the petition * * *, it will be held sufficient prima facie to establish … It therefore clearly appears that this irregularity is insufficient to change the result of the election and the question of the legality or illegality of said 50 votes bécomes immaterial.