Case law

Lakeside Leasing Corp. v. Kirkwood Atrium Office Park Phase 3

750 S.W.2d 847 · Court of Appeals of Texas · Apr 14, 1988

Failure to pay a rent installment within five days qualified as a default under paragraph 22 of the parties’ lease agreement, while paragraph 23 defined Kirkwood’s remedies for default. … However, the court clearly erred by failing to hear evidence before making that determination.

Austin v. McCary

297 S.W. 1097 · Court of Appeals of Texas · Jun 25, 1927

The case was tried before the court without the aid of a jury, and judgment rendered in favor of appellee for $2,821.13 and established the same as an unsecured and noninterest-bearing deposit, and payable out of the guaranty … We think that case and the instant case are clearly distinguishable. In that ease the tax collector deposited the tax moneys, including his commissions, in a guaranty fund bank, which became insolvent and was closed.

St. Louis, B. & M. Ry. Co. v. Broughton

212 S.W. 664 · Court of Appeals of Texas · Mar 18, 1919

We conclude that all of the testimony objected to was clearly relevant and admissible, and that the objections urged to its admission were frivolous and wholly without merit. … Pile had not returned to the state for a sufficient length of time to become a qualified juror." We think the testimony of J. H. Pile shows that he was in fact a qualified juror.

St. Louis Southwestern Railway Co. v. Garber

51 Tex. Civ. App. 70 · Court of Appeals of Texas · May 16, 1908

the qualifying word, “general,” being omitted. … Clearly, under the authorities, the impeaching testimony of the witness, T. B. Garber, was not too remote (Mynatt v.

Metropolitan Savings & Loan Ass'n v. Lewis

535 S.W.2d 35 · Court of Appeals of Texas · Mar 17, 1976

In qualifying Dr. … We have examined the record with care and conclude that the errors committed during the hearing clearly show an abuse of discretion by the Commissioner.

American National Insurance Co. v. International Business Machines Corp.

933 S.W.2d 685 · Court of Appeals of Texas · Oct 9, 1996

Dist., 785 S.W.2d 160, 163-64 (Tex.App. — Dallas 1989, writ denied) (whether state waives sovereign immunity against contract claim when it enters contract); Central Tex. Hardware, Inc. v. … De Los Santos, 776 S.W.2d 198, 206-08 (Tex.App. — San Antonio 1988, writ denied) (circumstances under which borrower qualifies as “consumer” for purposes of DTPA action against lender). .

Booth v. Board of Education

70 S.W.2d 350 · Court of Appeals of Texas · Jan 27, 1934

That vaccination against smallpox is an efficient and accepted act tending toward immunization, this court judicially knows. … Generally speaking, such matters would be known or established by competent experts. A suit for equitable relief must negative any other adequate relief.

McNeill v. St. Aubin

209 S.W. 781 · Court of Appeals of Texas · Jan 10, 1919

I further find that the said will was duly probated by the county court of Brazoria county, and that said McNeill, Wilson, and Williamson qualified as executors of said estate, and ever since, and now are, the duly qualified … It seems to us that such construction of the will is not permissible-upon any sound theory or under any established rule of construction.

Borger v. Hazelwood

199 S.W.2d 223 · Court of Appeals of Texas · Nov 14, 1946

Appellees further alleged that they agreed to the proposal as an accommodation to Borger, Irick, and Clemmons, “who were alarmed at their illegal transactions, and were afraid to continue to sell such beer without being qualified … The facts pleaded clearly indicate a violation of the statutes to which reference is above made.

Kelvin Lynn O'Brien v. State

482 S.W.3d 593 · Court of Appeals of Texas · Dec 15, 2015

criminally responsible for the object offense; (2) one or more members of the combination have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense, or are immune … Kelvin objected that Jarvis was not qualified to testify regarding appraisal matching and that appraisal matching was not a recognized methodology.

Kuteman v. Alexander

201 S.W.2d 73 · Court of Appeals of Texas · Mar 10, 1947

In view of appellant’s position, she must have pleaded and proved that such words, acts, and conduct constituted a new promise to pay and that such a new promise must, have been clear and unequivocal and not qualified by … It appears that the .probative force of the evidence offered by appellant in seeking to establish an estoppel was so slight that it did no more than raise a mere surmise or suspicion, of the facts sought to be established

Congress of Industrial Organizations v. City of Dallas

198 S.W.2d 143 · Court of Appeals of Texas · Oct 25, 1946

Accordingly, administrative employees and officials alike are governed and guided, and in many instances restricted, by laws which establish policies, procedures, or rules in personnel matters.” … Justice Murray, speaking for the court, stated, ably and clearly, the reasons why labor unions among public employes were incongruous, illogical and entirely out of place.

Pleasant v. Johnson

367 S.W.2d 173 · Court of Appeals of Texas · Mar 7, 1963

Ordinary habendum and warranty clauses follow, except the warranty is qualified by the expression, “by, through or under us, but no further.” … Pleasant in 1960 merely served to establish the will, and its existence and genuineness and to give vitality to the prior conveyance of the land by Ed J. Pleasant. The same is true of the holding in Lutz v.

Childress, Jason

Court of Appeals of Texas · Aug 3, 2015

“When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving him of jurisdiction, judicial immunity is lost.” Zeller v. … This is true because the political status of everyone can only be determined by the voluntary act of each individual, based on their own individual choice, as is clearly established in the prohibition of involuntary servitude

P. N.T. Ry. Co. v. Williams

34 Tex. Civ. App. 100 · Court of Appeals of Texas · Dec 19, 1903

The evidence to the effect that appellee and her father were too poor to employ a physician was clearly admissible in explanation, as offered, of the fact developed by appellant on cross-examination that no physician had … Rep., 631, is here applicable, viz: "The usual and well recognized method of proving life expectancy is by standard life tables shown to be such by a qualified witness, to which may be added, for the purpose of varying the

Allen v. Knippa

552 S.W.2d 528 · Court of Appeals of Texas · May 12, 1977

Venue cannot be established by implication. Burtis v. Butler Bros., 148 Tex. 543 , 226 S.W.2d 825 (1950). … Elledge did not qualify as an expert in the field of photography or in interpreting photographs.

Texas Indemnity Ins. Co. v. McCurry

27 S.W.2d 296 · Court of Appeals of Texas · Mar 6, 1930

Appellee insisted it appeared the disease was so caused, while appellant insisted to the contrary, arguing, the court said in qualifying a bill of exception, “that (quoting) the injuries alleged to have been received by plaintiff … Unless it clearly appears that the trial court has abused its discretion, its holding must stand.”

Hunt v. Trimble

145 S.W.2d 659 · Court of Appeals of Texas · Nov 4, 1940

judgment of intermediate court in the Woodson Independent School District case may not be harmonized with its similar approval in the Newsome case, we prefer to follow the decision in the former case because its facts are clearly … the district affected; * * * providing for the establishment or consolidation of County Line School Districts".

Bridges v. First National Bank in Dallas

430 S.W.2d 376 · Court of Appeals of Texas · Jul 5, 1968

Reppert Dallas, July 8-1963” After the death of Vernice Reppert First National Bank qualified as Independent Executor and J. W. Lindsley & Co., et al qualified as Trustees. … Davis qualified as Independent Executor of the Estate of Shon Hong.

Lange v. Lawrence

259 S.W. 261 · Court of Appeals of Texas · Feb 13, 1924

. * * * ” This bill was qualified by tbe trial court in this way: “When the question quoted in this bill of exceptions was propounded and when objection was made to it by counsel for defendant, counsel for plaintiff stated … Appel-lee lays stress upon the fact that the questions asked were upon the voir dire, and that they were therefore clearly within his legal right in testing the qualification of the juror.