Case law

Texas Employers Ins. Ass'n v. Griffis

141 S.W.2d 687 · Court of Appeals of Texas · May 30, 1940

in the future, that only a doctor is qualified to give. … recovered, which letter concluded: “There is no deformity and neither will there be any permanent injury resulting”; and also the evidence of appellee’s neighbors, and members of his family, and fellow-workmen, which tended to establish

State v. Carnes

106 S.W.2d 397 · Court of Appeals of Texas · May 26, 1937

Clearly, there was no authority in the statute for the payment by the county of part of the purchase price of an automobile which was to belong to' Carnes and not to the county. … Furthermore, the evidence establishes that the commissioners’ court not only failed to approve this expenditure but expressly refused to do so.

Gunn v. Aetna Life & Casualty Co.

629 S.W.2d 59 · Court of Appeals of Texas · Jun 29, 1981

The trial court granted the insurer’s motion on the ground that the deceased employee had not qualified for coverage on the date of her death. … A contract is ambiguous when, after applying established rules of interpretation, it remains reasonably susceptible to more than one meaning. Universal C. I. T. Credit Corporation v.

Whatley v. McKanna

207 S.W.2d 645 · Court of Appeals of Texas · Jan 9, 1948

The objection made to said interrogatory and answer was that the witness had wholly failed to qualify to testify as to the soundness of mind of the deceased. … If the witness admits that he knows nothing about the matter under inquiry, lack of qualification is clearly shown and the opinion of the witness is wholly inadmissible. 19 Tex.Jur. page 148, Sec. 98.

Floydada Independent School Dist. v. Shipley

238 S.W. 1026 · Court of Appeals of Texas · Feb 22, 1922

It will be well, however, to keep clearly in mind the fact that school districts are governmental agencies, and are within the continued exclusive control of the Legislature. … This power is absolute with respect to enlarging or diminishing the agency established or recognized by the Legislature.

Kansas City, M. & O. Ry. Co. of Texas v. Cole

145 S.W. 1098 · Court of Appeals of Texas · Mar 30, 1912

It was held by this court, in an opinion by Justice Hunter, that, while the judge may have been “interested in the question,” he was not interested in the case, and therefore was qualified to try it. … Should appellee [the city of Austin] sue him to collect the same tax and penalty, the judgment rendered in this case would establish neither issue nor fact of law in that.

Defoeldvar v. Defoeldvar

666 S.W.2d 668 · Court of Appeals of Texas · Mar 1, 1984

After presentation of the case-in-chief, the court granted a directed verdict and rendered judgment denying the children’s claims and establishing G.P. … Lynn Defoeldvar had not been qualified as administratrix of the estate at the time of trial. She was, however, the applicant in the proceedings to determine heirship and she was listed as a potential heir.

Hunt Developers, Inc. v. Western Steel Company

409 S.W.2d 443 · Court of Appeals of Texas · Nov 17, 1966

This imposes a duty upon the owner to withhold ten percent of the contract price for the benefit of those who would qualify under this statute. … Article 5469 V.A.C.S. clearly states that the owner is to retain ten percent of the contract price. This does not refer to a particular contract, a subcontract or anything less than the contract price of the building.

Nalle v. City of Austin

41 Tex. Civ. App. 423 · Court of Appeals of Texas · Jan 24, 1906

Should appellee sue him to collect the same tax and penalty, the judgment he rendered in this case would establish neither issue of fact nor of law in that. … The various assignments attacking the action of the different boards of equalization, may be disposed of with the proposition that the members of those respective boards were clearly de facto, if not de jure officers.

Travelers Construction, Inc. v. Warren Bros. Co.

613 S.W.2d 782 · Court of Appeals of Texas · Mar 4, 1981

After Travelers filed their original answer to the cross-claim, a severance was granted, establishing Warren as plaintiff and Travelers as defendant. … Lahti’s affidavit is defective because he fails to qualify his competency to swear to the truth of the records.

United States v. Whisenant

75 S.W.2d 958 · Court of Appeals of Texas · Oct 13, 1934

Whisenant is the duly qualified and acting receiver. … It is clearly established that, to allow appellant’s plea of intervention, the final winding up of the receivership will be very much delayed.

Smith v. Wilson

18 Tex. Civ. App. 24 · Court of Appeals of Texas · Jan 20, 1898

Plaintiff alleged that he was the duly elected and qualified public weigher of Houston County, having his office at Crockett, and was the only public weigher for said county; that the city of Crockett received less than 25,000 … bales of cotton annually for sale and shipment; that defendant had established an office near the railroad depot at Crockett with platform and fixtures for weighing cotton, and that since plaintiff's qualification, and though

Eastern States Petroleum Co. v. Gilliland Refining Co.

151 S.W.2d 933 · Court of Appeals of Texas · Apr 11, 1941

Appellant admits that in some instances the documents were introduced for a qualified purpose, and that in others the introduction should have been qualified, but insists that, as to the issue of rescission, they were before … This holding, to our mind, clearly establishes that the Federal District Court judgment in appellee Gilliland Refining Company’s favor “was based upon an alleged agreement to rescind the contract upon which suit was originally

Simmons v. Ratliff

182 S.W.2d 827 · Court of Appeals of Texas · Sep 18, 1944

It was essential,- of course, that the fact be established that notices of the sale were duly published in accordance with the deed of trust, and it was established prima facie when the trustee’s deed containing the provisions … The only evidence offered by appellant to rebut the prima facie case thus established was the testimony of W. F.

Pope v. St. John

862 S.W.2d 657 · Court of Appeals of Texas · Nov 10, 1993

John assumed a legal duty to act with ordinary care in arriving at his identification and his consequent determination of whether he was qualified to treat the ailment. This is true even if St. … The summary-judgment record did not establish the contrary as a matter of law; hence, the record failed to establish as a matter of law that St.

Burgess v. American Rio Grande Land & Irrigation Co.

295 S.W. 649 · Court of Appeals of Texas · Apr 20, 1927

belong exclusively to said judicial department; and, further, in that the application and enforcement of said statutes, as herein sought by plaintiffs, would deprive the defendants herein of their property, privileges and/or immunities … The board has no powers except those specially given by the *651 statute and those powers are clearly administrative or ministerial. As said by this court, through Associate Justice Neill, in Gulf, C. & S. F. Railway v.

Hunsucker v. Rowntree

815 S.W.2d 779 · Court of Appeals of Texas · Aug 6, 1991

App.1987) (refill of prescription pain medication for approximately two and one-half years qualified as medical treatment); accord, Freeman v. Mid-South Ins. … This does not conclusively establish that his treatment of her ceased as of that date.

Slay v. Texas Commission on Environmental Quality

351 S.W.3d 532 · Court of Appeals of Texas · Aug 31, 2011

They relied on their sovereign immunity from suit and the assertion that Plaintiffs had failed to invoke section 2001.038’s waiver of immunity for two reasons. … (holding that “section 2001.038 is a grant of original jurisdiction and, moreover, waives sovereign immunity”).

Guardian Life Ins. Co. v. Reagan

155 S.W.2d 950 · Court of Appeals of Texas · Oct 17, 1941

Relating to absolute privileged communications, this was said: “There are two classes of privileged occasions or communications, the first absolute privilege, and the second qualified privilege. … At any rate, we find nothing in the record to support the jury verdict on the point, even if it was necessary to establish it as a fact.

Bays v. Jordan

622 S.W.2d 148 · Court of Appeals of Texas · Sep 23, 1981

Section 78 of the Texas Probate Code (1980) reads in pertinent part: “No person is qualified to serve as an executor or administrator who is: “(f) A person whom the court finds unsuitable.” … She proposes that both assert interests which are necessarily antagonistic to the estate and both must establish the validity of their claims.