Case law

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.

Standard Acc. Ins. Co. v. Williams

4 S.W.2d 1023 · Court of Appeals of Texas · Mar 14, 1928

The propositions are germane to this assignment, and, in fact, they state more clearly than the assignment the facts reflected by the bill of exception. … In any event, the appellant having accepted the bill of exception as qualified by the court, it is bound by the qualification.

Shell Pipe Line Corp. v. Svrcek

37 S.W.2d 297 · Court of Appeals of Texas · Mar 18, 1931

It is true that this testimony may not have established the amount or actual value of the trees-destroyed, but it was clearly admissible as a circumstance tending to show their value under the established rule that circumstantial … The witness qualified as an expert with respect to age of productivity of pecan trees, and his testimony was admissible.

Printing Center of Texas, Inc. v. Supermind Publishing Co.

669 S.W.2d 779 · Court of Appeals of Texas · Mar 15, 1984

For these reasons appellant asserts that Patricia Burrows was not a qualified witness. We disagree. Section 2 of Article 3737e states: Sec. 2. … The original petition did not request an amount clearly in excess of the jurisdictional limit.

Leon v. J. M. Radford Grocery Co.

259 S.W. 318 · Court of Appeals of Texas · Feb 6, 1924

the court had not inherent and statutory authority to order qualified judgments and to vary the forms of executions ‘when necessary to adapt them to changes in the law, or for other sufficient reasons,’ * * * but upon the … W. 1087 , cited by both parties, the bond was clearly not of the character released by the discharge in bankruptcy of. the principal. But the decision is not pertinent to the question at issue.

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.

El Paso County Community College District v. City of El Paso

698 S.W.2d 248 · Court of Appeals of Texas · Oct 9, 1985

Article 1066e sets forth specific conditions and requirements which must be followed before a reinvestment zone will qualify for the issuance of tax increment financing or notes. … Under points of error one, two and three, the School District argues that the ordinance establishing the reinvestment zone is unconstitutional because it allows the City to pledge and use ad valorem tax revenues of the School

Reed v. Reed

569 S.W.2d 645 · Court of Appeals of Texas · Jul 6, 1978

In Texas, the law is clearly established that where it does not appear from the language of a will that a lesser estate was intended to be created, the devise will be deemed a fee simple. Roberts v. … In order for a testator to give a qualified estate, rather than an absolute one, the language of the testator must be such that it clearly states his intention so to do. Randall v. Estes, 218 S.W.2d 338 (Tex.Civ.App.

Bautista v. State

632 S.W.2d 846 · Court of Appeals of Texas · Jul 7, 1982

Therefore, this testimony alone establishes the delicti and no such charge is necessary. Appellant’s third ground of error is overruled. … Such a practice is clearly permissible. Brewer v. State, 572 S.W.2d 719, 721 (Tex.Cr.App.1978). Appellant cites Jackson v.

Chambers v. State

523 S.W.3d 681 · Court of Appeals of Texas · May 4, 2017

government has some “purpose for requiring” the record that was falsified, there is no language anywhere in the statute explicitly stating that a record must be “required” by a government entity in order for the record to qualify … The investigator directed Avalos to follow Chambers' instructions and, according to Avalos, the investigator told him that he would be "given immunity” for doing so. .

Grant v. City of Mineral Wells

230 S.W. 854 · Court of Appeals of Texas · Mar 19, 1921

The privilege of curing defects in the proceedings or of establishing the groundless character of the objections to the bond issue was not accorded by the terms of the contract. … It was and is clearly a debatable question, and one on which lawyers might well differ.

Eckert v. Stewart

207 S.W. 317 · Court of Appeals of Texas · Nov 13, 1918

Clearly, this was not an unconditional delivery to the bank to hold for S. B. Stewart. … This clearly was not a present delivery, and evidences clearly it was not the intention of the grantors that it should be such a delivery.

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.

Bowles v. Bryan

277 S.W. 760 · Court of Appeals of Texas · Oct 17, 1925

But can this character of evidence take the place of the primary evidence required to establish a legal conviction? … To establish by such a fact the incompetency of a witness, a record showing a conviction must be produced.

Canon v. Rasbury

21 S.W.2d 76 · Court of Appeals of Texas · Apr 17, 1929

One, Cottle County, Texas, be established in accordance with Art. 2922a, Revised Statutes of Texas, 1925, as amended by Chapter 78 First Called Session, 40th Legislature, 1927, and the said district is by this order established … Appellants contend that the record shows clearly that the three common school districts were attempted to be consolidated to form the Chalk rural high school district No. 1 in Cot-tle county, and as no election was held therefor

Hernandez v. Moss

538 S.W.3d 160 · Court of Appeals of Texas · Nov 9, 2017

"Not every medical doctor can qualify as an expert in every given case. For Dr. Cernosek's opinions to be considered expert testimony, Larkins would have to show that Dr. … The record establishes the disclosure putting Appellant on notice regarding the subject matter of Dr. Himmelsehr's testimony and cited to affidavits containing the medical records.

Holloway v. INTERNATIONAL BANKERS LIFE INSURANCE CO.

354 S.W.2d 198 · Court of Appeals of Texas · Jan 5, 1962

The amount of profit realized by all the defendants as to each action of malfeasance was established in the verdict. … It is clearly apparent that had the stock been qualified for sale at the reduced figure and placed on the market for sale the stockholders who had purchased their stock within less than a year at a price around $10.00 per

Sabinal Independent School Dist. v. County Board of School Trustees of Uvalde County

211 S.W.2d 331 · Court of Appeals of Texas · Apr 7, 1948

school districts and independent school districts, and the Legislature having used such general term, the courts are not authorized to place a restriction on its meaning and exclude from its application a school district clearly … district affected; removing the maximum limit on the area of an Independent School District and validating all school districts heretofore created; providing for the manner of electing County Trustees; providing for the establishment

Reagins v. Walker

524 S.W.3d 757 · Court of Appeals of Texas · Mar 7, 2017

She said that Reagins apparently made too much money to qualify for mediation at the DRC. 4 Walker also testified that Reagins had not provided her with information concerning his health insurance coverage. … In reviewing the factual sufficiency of the evidence, we consider all of the evidence and set aside the judgment only if it is so contrary to the overwhelming weight of the evidence that it is clearly wrong and manifestly

Elliott v. Ferguson

37 Tex. Civ. App. 40 · Court of Appeals of Texas · Oct 29, 1904

Smart sufficiently qualified himself to speak as a medical expert, and that the court erred in excluding his testimony as shown by appellants’ twenty-third and twenty-fourth assignments. … The rule therein stated, as applicable to such case, is not in accord with the above charge, and the enunciation of the rule clearly manifests our disapproval of the charge. In the case of Sparks v.