Case law

Stewart v. Stine

57 S.W.3d 94 · Court of Appeals of Texas · Aug 9, 2001

In Sumrall , it was undisputed that Navistar Financial Corporation attempted to enforce clearly usurious contracts in the bankruptcy court. … Once the affirmative defense of limitations was established, Stine deleted her claim for recovery under the Note.

Jordan v. Westbrook

443 S.W.2d 616 · Court of Appeals of Texas · Jul 2, 1969

indicated an intent to vote for both the candidate individually marked and the candidate for the same office in the marked party column, and therefore his vote cannot be counted for either; because the voter’s intent is clearly … In the absence of a statement of facts, we cannot determine how many votes, if any, were not counted for contestant which should have been counted for him, and the record before us does not establish that the contestant received

Motorola, Inc. v. Tarrant County Appraisal District

980 S.W.2d 899 · Court of Appeals of Texas · Oct 22, 1998

Self-Executing Nature of Freeport Exemption Motorola’s first point asserts that article VIII, section 1-j is self-executing and, thus, immune from any statutory limitations. … While we agree that the amendment is, in the main, self-executing, we find that the framers did not include any procedure for establishing the amount and value of such freeport goods.

Bankers Standard Life Ins. Co. v. Atwood

205 S.W.2d 74 · Court of Appeals of Texas · Oct 1, 1947

warranties and misrepresentations do not apply to mutual aid companies, such companies are inhibited, in the absence of statutory regulation upon the subject, from voluntarily incorporating in their insurance contracts qualifying … The jury may well have believed the vice-president’s testimony that the Company relisd upon the truth of the statement, and yet may not have believed that the burden resting upon the Company had been met to establish the

Gray v. Freeman

37 Tex. Civ. App. 556 · Court of Appeals of Texas · Jan 4, 1905

Rep., 90 , from which appellants state that they copied their special charge No. 3, is so clearly distinguishable from this that we did not deem it necessary to discuss it, to any extent, in our former opinion. … In that case it seems that the evidence tended to establish that Manly Beard executed the note to Largent, sought to be set aside on account of duress, because he had taken and appropriated money or property belonging to

Leal v. Leal

4 S.W.2d 985 · Court of Appeals of Texas · Mar 14, 1928

Justice Phillips, who writes the opinion, does not appeal to the writer clearly as to what constitutes a quitclaim deed conveying a chance of title in contradistinction to a conveyance of land itself. … Christopher, su *987 pra, as to what constitutes a quitclaim deed, it qualifies it somewliat.

Cantwell v. Suttles

196 S.W. 656 · Court of Appeals of Texas · May 6, 1917

The fact that Rodriguez came from San Antonio about the 1st of May, 1888, was established by other proof.” Finding no merit in the assignment, it is overruled. … As we have heretofore stated in this opinion, the rule is that this court will not disturb a finding of fact, unless it. clearly appears that it is against the great weight and preponderance of the testimony such as to be

Hill v. Mays

278 S.W. 919 · Court of Appeals of Texas · Nov 18, 1925

Cain, supra, it is held: “Our present statute seems to clearly enough define what ife meant by ‘residence,’ that is, actual physical living in a place, thus furnishing a test which can be practically applied by election officers … held: “ ‘Residence’ as used in the Constitution requiring a voter to have a residence in a district ten days next preceding the election, did not restrict the term to its ordinary meaning, which is the place where a man establishes

Dillingham, Receiver v. Fields

9 Tex. Civ. App. 1 · Court of Appeals of Texas · Nov 7, 1894

The same doctrine is clearly laid down, with full citation of authorities, in the case of Railway v. The State ( 23 Florida, 546 ), reported in 11 American State Reports, p. 400. Also in The People v. … In the third and fifth assignments of error, appellant complains that the court erred in qualifying its special instructions numbers 1 and 3 given to the jury.

Keller v. Downey

161 S.W.2d 803 · Court of Appeals of Texas · Jan 14, 1942

Ruby, appellee's father, and duly qualified as such. … Appellee clearly established her title to one-half interest in the property as an heir of her father. The burden rested on appellants, by way of defense, to plead facts in rebuttal of appellee's prima facie title.

Fitzgerald v. Ayres

179 S.W. 289 · Court of Appeals of Texas · Jun 19, 1915

Should either of my said executors die or refuse to qualify, the other executor is hereby vested with the power and authority which by the terms hereof is vested in both. … his right through the will, but an heir is not required, before taking as heir, to prove that the deceased died intestate; second, that the rule has been long established in England, and is now well established in Texas,

City Nat. Bank v. Pigott

270 S.W. 234 · Court of Appeals of Texas · Feb 18, 1925

The distinction here sought to be drawn may appear to be quite fine, but the parties clearly drew it in their respective pleadings. … Sess. 38th Leg.); that not being qualified under the statute to practice medicine, he was not qualified and could not qualify as a medical expert for the purpose of testifying.

Stahl Petroleum Co. v. Phillips Petroleum Co.

550 S.W.2d 360 · Court of Appeals of Texas · Apr 6, 1977

to pay was related, was not qualified to express the intention to exclude any refundable price received. … Thus, rather than ascribing to the language a meaning different from that which it clearly imports, all we may do is state and enforce the contract the parties have written. The motion for rehearing is overruled.

Tejas Grain Makers, Inc. v. Cactus Feeders, Inc.

762 S.W.2d 734 · Court of Appeals of Texas · Dec 15, 1988

The price provision clearly establishes a definite price for the corn, ascertainable from the Texas Department of Agriculture. … There is nothing in the payment provision that qualifies or changes the price provision.

Ryan v. Azios

535 S.W.2d 50 · Court of Appeals of Texas · Mar 19, 1976

Therefore, under the undisputed evidence which was before the respondent, and which is now before us, relator was not qualified to be on the ballot; respondent was not required to resolve any disputed issue of fact; and respondent … However, there is no constitutional provision establishing residence requirements for the office.

In Re MAH

20 S.W.3d 860 · Court of Appeals of Texas · Jun 15, 2000

DPS and local law enforcement are immune from liability for damages arising from release of public information. See id. art. 62.09. … And, in the absence of authority establishing a protectable liberty interest in a child's reputation, we decline to establish such a right in favor of the juvenile sex offender.

Nelson v. Thompson

64 S.W.2d 373 · Court of Appeals of Texas · Jul 1, 1933

Appellee duly qualified as such receiver, and took possession of the said tract of land. … Two questions arise upon this appeal, viz.: (a) Does the record clearly show that the district court of Dallas county had acquired jurisdiction oí the subject-matter of appel-lee’s complaint against appellant, previous to

Michael Barnett v. City of Southside Place

522 S.W.3d 653 · Court of Appeals of Texas · Mar 14, 2017

Consequently, the majority’s rulings and holding are contrary to established law. … The Act contains two jurisdictional requirements before the waiver of governmental immunity takes effect: the plaintiff (1) must be a public employee and (2) must allege a violation of the Act. See State v.

Travelers Insurance Company v. Fagan

366 S.W.2d 885 · Court of Appeals of Texas · Mar 12, 1963

These facts establish that on the 2nd or 3rd day of August Mrs. … The insurer’s Ninth Point of error is directed to the admission in evidence of a qualified medical witness’s reply to a hypothetical question.

Blount v. Metropolitan Life Insurance Co.

677 S.W.2d 565 · Court of Appeals of Texas · May 23, 1984

It is said that we overlook or deem-phasize certain key phrases in § 4(e), specifically the term “appeals body” and the phrase “the allowance and payment of claims_” It is argued that these phrases clearly imply a power of … The grammatical answer to appellees’ contentions is that § 4(e), and the phrases in question, are facially limited in their scope and meaning by the threshold phrase “establishment of grievance procedures.”