Case law

Ex parte Dharmagunaratne

950 S.W.2d 140 · Court of Appeals of Texas · Jun 27, 1997

Texas Constitution, with regard to the establishment of courts. … We do not read the words “accumulated business,” as requiring the cases to be a specific age in order to qualify for disposition by an assigned judge.

Minyard Food Stores, Inc. v. Goodman

50 S.W.3d 131 · Court of Appeals of Texas · Jun 28, 2001

Second, if there is no evidence to support the finding, then the entire record must be examined to see if the contrary proposition is established as a matter of law. 12 *138 Similarly, we review Minyard’s assertion that the … Heflin’s cooperation with an investigation conducted by upper management concerning allegations of employee wrongdoing was thus clearly within his authority and responsibility.

Woods v. Woods

468 S.W.2d 566 · Court of Appeals of Texas · May 24, 1971

The appellant contends that it is not sufficient to show that the father is qualified to have custody of the children, but that it must be positively shown that the mother is disqualified, and that this rule is uniformly … The weight and credibility of the testimony of the parties to the action and other witnesses and evidence was clearly *570 for the jury.

Fidelity & Guaranty Fire Corp. v. Ormand

62 S.W.2d 675 · Court of Appeals of Texas · Jul 19, 1933

Clearly the witness was qualified to testify as to the value of the property destroyed. … The fact that the fire was of an incendiary origin and the fact that ap-pellee may have benefited from the collection of the insurance on the property destroyed by the fire does not establish as a matter of law that appellee

Pryor v. Krause

168 S.W. 498 · Court of Appeals of Texas · Apr 30, 1914

Bearing clearly in mind the fact that Thos. D. … The evidence shows that all three accepted the trust and qualified. The testimony is practically uncontradict- *503 ed that Mrs.

Austin v. State

794 S.W.2d 408 · Court of Appeals of Texas · Jun 6, 1990

Federal Rule 701, it provides that a lay witness may testify in the form of opinions or inferences when the opinions or inferences (1) are rationally based on the witness’s perception and (2) help the factfinder to understand clearly … Appellant agrees that the prosecution established all the elements of the offense except one.

First Nat. Bank of Paris v. Wallace

13 S.W.2d 176 · Court of Appeals of Texas · Dec 13, 1928

If it does not have that effect, then clearly the rule in Shelley’s' Case has application to the will. … This is insufficient as tending to establish any homestead character in favor of P. K.

McGregor v. Clawson

506 S.W.2d 922 · Court of Appeals of Texas · Feb 21, 1974

He is and has been at all times material hereto the duly elected, qualified, and acting District Attorney in and for the 66th Judicial District of Texas, composed of Hill County, Texas. … This classification is clearly unreasonable and cannot be justified as being necessary in proceedings of this nature. 6.

Cheney v. State

694 S.W.2d 638 · Court of Appeals of Texas · Aug 1, 1985

The language of the indictment clearly narrows down and confines the nature of the services provided to those classified as “lodging” under subsection 7(C) supra. … Clearly, appellant by her own conduct created the impression that her employer would pay for her December 8th stay as it would pay for her two previous stays.

Home Ins. Co. of New York v. Roberts

67 S.W.2d 369 · Court of Appeals of Texas · Dec 14, 1933

“State of Texas “Board of Insurance Commissioners: “The Home Insurance Co., N. ,Y. hereby certifies that the above named.person or persons is-are bona fide residents of the State of Texas, and is-are qualified to act as Recording … The testimony of Doak established waiver beyond any question under the rule stated in British America Assur. Co. v. Francisco, 58 Tex. Civ. App. 75 , 123 S. W. 1144 , and other oases cited.

Louisiana Ry. & Nav. Co. v. State

298 S.W. 462 · Court of Appeals of Texas · Jun 18, 1927

This rule is clearly announced in United States v. Heinszen, 206 U.S. 387 , 27 S.Ct. 747 , 51 L.Ed. 1104 , 11 Ann. Cas. 688. … But now we are suddenly told that not only can such void assessment be thus retroactively validated, but also that a citizen who resists invasion of his constitutional immunities in the premises can be penalized for such

McKamey v. McKamey

332 S.W.2d 801 · Court of Appeals of Texas · Feb 17, 1960

McKamey, her son and appellant here, offered the will for probate, and it was admitted to probate on May 7, 1956, and First State Bank of Port Lavaca was appointed and qualified as administrator with will annexed of the estate … The authorities above cited clearly establish the rule that where by the terms of a joint and mutual will the survivor is given the unlimited right of disposition of the property by “inter vivos” conveyances, such survivor

Kennedy v. Ellisor

154 S.W.2d 284 · Court of Appeals of Texas · Jul 31, 1941

in favor of appellants but .that said lease had never been developed and had expired and that the mistakes, if any, in the wording of said deed were due to appellants’ negligence in failing to procure a person properly qualified … While certain provisions of said deed must be construed for the purpose of clarifying ambiguities apparent on its face, the changes in its terms on which appellants rely for recovery under their cross-action clearly require

Faust, Joey Darrell

Court of Appeals of Texas · Dec 9, 2015

provides, in pertinent part, that “[e]very person who, under color of any statute, ordinance, regulation, custom, or usage, . . . subjects . . . any . . . person . . . to the deprivation of any rights, privileges, or immunities … If a plaintiff shows that he had a clearly established right that was violated, the next inquiry is whether a reasonable official could have believed his conduct was lawful. See, e.g., Freeman v.

Webb v. Allen

15 Tex. Civ. App. 605 · Court of Appeals of Texas · Mar 17, 1897

The receiver’s bond was filed on the 9th day of October, 1896, and he qualified and took possession of the property on that day. *609 October 12th, 1896, the defendant, J. W. … The record clearly shows that the petition for injunction and receiver was presented to the judge and the orders made before it was filed in the court below.

Zane-Cetti v. City of Fort Worth

269 S.W. 130 · Court of Appeals of Texas · Dec 17, 1924

Such an increased rate could not be established by the board of trustees or by the board of commissioners of the city of Fort Worth for the reason that the charter expressly provided that such rate should not be in excess … The purpose of this language clearly applied the article to cities incorporated under the Home Eule Amendment.

McGee v. Cunningham

17 S.W.2d 494 · Court of Appeals of Texas · Mar 22, 1929

The receiver duly qualified by taking the oath and furnishing the bond required by law, and immediately took possession of the property. … Issue No. 1 requested by the plaintiff was, under his pleading, clearly immaterial.

Petroleum Producers Co. v. Steffens

157 S.W.2d 1003 · Court of Appeals of Texas · May 9, 1941

prove that a cause of action ever existed in order to establish the venue fact that such cause of action, or a part thereof, arose in a particular county. … meaning clearly, we think, where it was in fact committed.” [Where the cause of action, or a part thereof, in fact arose?]

Jones v. Hunt

60 S.W.2d 1106 · Court of Appeals of Texas · May 26, 1933

Jones, and that said defendants qualified as such administrators, and the said defendant Dr. A. L. Jones is now acting as administrator of said estate and has been ever since his appointment.” … That within ninety days thereafter plaintiff filed suit in the district court of Nolan county to establish the claim as valid against the estate of Mrs. Robertson.

Miller v. White

264 S.W. 176 · Court of Appeals of Texas · May 21, 1924

The term “current” is used in the instant case as an adjective qualifying “installments of interest and principal,” which are accruing from the inception of the loan contract. … The^ language of the mortgage clearly covers the installments of interest and principal fo^ the year 1913, which under the loan contract is the “passing, or present in its course,” installment of interest and principal accruing