Case law

Elizando v. State

649 S.W.2d 674 · Court of Appeals of Texas · Feb 17, 1983

To establish a prima facie case of an equal protection violation under Castaneda v. … We believe that the figures presented the trial court clearly show no underrepresentation over a significant period of time. Appellant has failed to make out a prima facie case.

Hardin v. Volunteer State Life Ins. Co.

193 S.W.2d 554 · Court of Appeals of Texas · Feb 22, 1946

White qualified as executor, but Hal White Hardin, due to absence in military service, had not qualified at the time of trial. … This doctrine was very clearly announced by Chief Justice Phillips in Burnham v. Hardy Oil Co., 108 Tex. 555 , 195 S.W. 1139, 1143 .

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.

Foust v. Franks

80 S.W.2d 374 · Court of Appeals of Texas · Mar 8, 1935

There was no allegation that the minors’ estate owned the note and security, except, of course, the special and qualified ownership! resulting from the pledge and transfer of the same as collateral security for a loan. … We do not consider here whether .an equitable lien could have been established and foreclosed no attempt having been made to do so.

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.

Banta v. Chambers-Liberty Counties Navigation District

445 S.W.2d 61 · Court of Appeals of Texas · Sep 4, 1969

Tom Poynor qualified as an expert witness as a Consulting Petroleum Engineer. He testified to the following: This land is located in a proven or semi-proven area, and that these minerals have a cash market value. … From all of the evidence, we find the jury’s answer of no damage to the minerals is clearly wrong and manifestly unjust.

Pope v. Anthony

29 Tex. Civ. App. 298 · Court of Appeals of Texas · Apr 12, 1902

The objection to this evidence is that the witness did not qualify as an expert and did not have before him any properly established specimen of the handwriting of Willis Roberts as a standard for comparison. … It thus, as we think, clearly appears that the letters refer to surveys made by virtue of the Thomas Casey certificate for his assignee, Willis Roberts. Walsh qualified as an expert as to handwriting.

Hicks Rubber Co., Distributors v. Stacy

133 S.W.2d 249 · Court of Appeals of Texas · Nov 1, 1939

It seems to be the contention of appellees that the doctrine of wrongful asportation means that in order to establish conversion it must clearly appear that the taker converted the property to his own use; and that since … N.H. 503 , 77 Am.Dec. 780, wherein the court say: “The plaintiff might, it is true, have made the wrongful entry of the defendant the gist of his action, and have brought trespass quare clausum * * * but he had a right to qualify

Pan American Fire & Casualty Company v. Loyd

411 S.W.2d 557 · Court of Appeals of Texas · Feb 6, 1967

In attempting to establish by circumstances the fact that Cofer was not an insured motorist Jim Norman, who qualified as administrator of Cofer’s estate (without any estate in existence from this record) obviously as a courtesy … Much of it was clearly hearsay and not admissible to prove the truth of the statements made.

Dallas Central Appraisal District v. Seven Investment Co.

813 S.W.2d 197 · Court of Appeals of Texas · Jul 2, 1991

The District refused to qualify the property as open-space land for tax years 1985, 1986, and 1987. … The District refused to qualify the property as open-space land for 1988.

Hood v. Ryland Group, Inc.

911 S.W.2d 931 · Court of Appeals of Texas · Dec 14, 1995

STANDARD OF REVIEW The standards for reviewing a granting of summary judgment are well established. … However, an expert is qualified to give opinions and state conclusions. Id.

City of Electra v. Taylor

297 S.W. 496 · Court of Appeals of Texas · Jul 9, 1927

It will be refused to prevent one claiming to be elected from exercising his *Page 499 office or to enjoin him from qualifying. … He qualified and entered upon the discharge of his duties.

Ward v. Fairway Operating Co.

358 S.W.2d 143 · Court of Appeals of Texas · May 17, 1962

There the location of the principal office was established as a fact on the trial of the plea of privilege. This fact was held to control venue. … Designation of a “registered” office, in our opinion did not conclusively establish that fact.

City of Irving v. Dallas/Fort Worth International Airport Board

894 S.W.2d 456 · Court of Appeals of Texas · Apr 13, 1995

A party asserting unconstitutionality has the burden of clearly demonstrating it. Robinson, 507 S.W.2d at 524 . … In eminent domain eases, the requirement of preclearance has not been clearly established.

American Surety Co. v. First Nat. Bank of Corsicana

27 S.W.2d 890 · Court of Appeals of Texas · Apr 24, 1930

Clearly, appellant’s assignors in bringing their respective suits against it did not bring themselves within the precedents set by the decision in that case. … It was put in issue by the general denial, and when he failed to establish it his suit should have been dismissed.

Mercedes-Benz of North America, Inc. v. Dickenson

720 S.W.2d 844 · Court of Appeals of Texas · Nov 6, 1986

The facts in Porras clearly show that the property owner’s testimony of his property’s value in no way referred to market value. The owner was asked, “Mr. … Clearly, the $2,000 award against Mercedes constitutes the automatic doubling award which does not depend on a finding that the conduct of the defendant was committed knowingly. See id.

Clark Johnson v. Hamilton

16 S.W.2d 833 · Court of Appeals of Texas · Apr 18, 1929

In the second paragraph there is an unfilled blank, in consequence of which the quotation does not clearly disclose at whose expense the premises were to be kept in good repair, but from the paragraph as a whole in connection … As we view the contract, the exceptions as to natural wear and tear and damages from the elements qualifies the second mentioned covenant, that is, to surrender the premises in good order and condition at the end of the term

Kollenborn v. Kollenborn

273 S.W.2d 660 · Court of Appeals of Texas · Nov 26, 1954

and clearly established grounds for appellant. … By this tenth point of error, appellant contends the trial court erred in excluding testimony of appellee on the question of her mental, attitude toward appellant when she left Dallas. ' The trial court qualified appellant

Cox v. Gaines

45 S.W.2d 444 · Court of Appeals of Texas · Nov 18, 1931

Bellows ( 22 Tex. 681 ), the propriety of joining the sureties in the suit against the principal was discussed and established. … S., which tolls the statute of limitations for one year after decedent’s death, “unless an administrator or executor shall have sooner qualified according to law upon such deceased person’s estate.”

Jensen v. First City National Bank

616 S.W.2d 452 · Court of Appeals of Texas · May 6, 1981

The court there held the materialman entitled to the money deposited in the court unless the bank established a right to the funds superior to that of the materialman, which the bank failed to do. … We find the language of § 4 clearly exempts the bank from any liability for the repayment of such funds. Judgment affirmed.