Case law

De Zavala v. Daughters of Republic of Texas

58 Tex. Civ. App. 19 · Court of Appeals of Texas · Nov 27, 1909

qualified secretary-general, Mrs. … In this we think appellants are clearly wrong. And it is not to be forgotten that the first vice-president had with her a majority of the members present at the meeting.

Yeary v. State

734 S.W.2d 766 · Court of Appeals of Texas · Aug 13, 1987

Secondly, Yeary contends that the chain of custody was not properly established so as to assure reliability. … The record in this case clearly indicates that Yeary was traveling eastbound on Highway 30, a public highway in the State of Texas.

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?]

Henderson v. Stanley

150 S.W.2d 152 · Court of Appeals of Texas · Mar 27, 1941

That it is the duty of the courts, under established canons of construction, to supply such words, if they be not implied, we have no doubt. Neely v. Brogden, Tex.Com.App., 239 S.W. 192 ; Darragh v. … It does not appear from the record before us that the judgment appealed from was superseded and therefore we do not know whether the receiver appointed by the court below has qualified as such or, if so, as to what action

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.

William Buchanan Foundation v. Shepperd

283 S.W.2d 325 · Court of Appeals of Texas · Sep 8, 1955

Fuller are the duly elected, qualified and acting Trustees of The William Buchanan Foundation. “3. … Clearly there was ample competent testimony of probative force to support all phases of the judgment of the trial court. We also agree with all of the conclusions of law of the trial court.

Delano v. Delano

203 S.W. 1145 · Court of Appeals of Texas · May 23, 1918

in the deed from his mother to himself is of a contractual nature, and, that being so, it was not competent to permit evidence that tended to impeach, alter, qualify, or contradict such contractual recitation in said deed … This statute further declares that the ruling of the court in giving, refusing, or qualifying instructions to the jury shall be regarded as api>roved, unless excepted to as therein provided.

Morrison v. Antwine

51 S.W.2d 820 · Court of Appeals of Texas · May 19, 1932

Such a request may be made by an objection to the charge for its failure to include such issue, provided the defect is clearly pointed out, or the complaining party, in his written' objections to the charge, may request the … App.) 23 S.W.(2d) 295 , qualified in Id. (Tex. Com. App.) 25 S.W.(2d) 807 ; Speer on the law of special issues, page 369, § 249.. In the case of Robertson & Mueller v.

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

Chakravarthy v. State

516 S.W.3d 116 · Court of Appeals of Texas · Feb 9, 2017

To evaluate scientific evidence’s reliability, we look to the criteria established in Kelly v. … sufficient to produce the result and the conduct of the actor clearly insufficient.”

Wichita Falls, R. F. W. Ry. v. Cooper

235 S.W. 927 · Court of Appeals of Texas · Oct 29, 1921

It was clearly hearsay and misleading. S. P. Ry. Co. v. Maddox, 75 Tex. 300 , 12 S. W. 815 ; Land Mortgage Co. v. Campbell, 98 Tex. 372 , 84 S. W. 424 . … Nor does the fact that isolated acres of the defendant in error’s land, sold for special purposes, constitute a proper basis for establishing the market value of the land taken by the railroad company.

City of Belton v. Harris Trust & Savings Bank

273 S.W. 914 · Court of Appeals of Texas · Apr 1, 1925

This would clearly be the proper construction of the charter in the absence of section 2 of article 2. … It was clearly a clerical error, which, if need be, might be corrected in a proper' proceeding for that purpose.

Leslie v. Griffin

23 S.W.2d 535 · Court of Appeals of Texas · Dec 20, 1929

here, it is a suit to prevent the counting by the secretary of state of illegal returns, to compel the county canvassing board to perform their legal ministerial duties required of them by the statutes, for the purpose of establishing … Article 3004 is clearly for the guidance of the election judges in allowing those entitled to vote to do so. The affidavits therein provided for are no part of the returns forwarded to the county judge.

McGraw v. Broach

27 S.W.2d 250 · Court of Appeals of Texas · Mar 21, 1930

Upon qualifying as survivor, T. W. … We think the facts of those cases clearly distinguish them from me instant case.

Chenault v. Bexar County

747 S.W.2d 400 · Court of Appeals of Texas · Jan 20, 1988

The question arises in the case by reason of the fact that in Precincts One and Three of Bexar County two Justices were established as authorized by TEX. CONST, art. … Comm., 534 S.W.2d 886, 889-90 (Tex.1976), the Supreme Court held, Articles 5, § 30 and 16, § 65 are companion amendments and while Article 5, § 30 *412 clearly sets the general term of office, it does not function independent

Western Union Tel. Co. v. Texas Employment Commission

243 S.W.2d 217 · Court of Appeals of Texas · Jul 20, 1951

Celia Simental clearly, as is admitted, performed no services during the period, or any period, subsequent to her discharge to which the Company would apply payments made to her. … The preamble correctly describes the plight of many workers during the period immediately preceding the enactment of the law in the year 1936, but the Act does not prescribe economic necessity and need as a qualifying condition

Welch v. Welch

369 S.W.2d 434 · Court of Appeals of Texas · Jun 14, 1963

The rule in Texas, prior to the amendment under question, was clearly established that in child custody cases the proceedings were considered to be in equity in which the trial judge sat as a chancellor and that if a jury … The weight and' credibility of the testimony of the two expert investigators were clearly for the jury.

Bowen v. Kirkland

17 Tex. Civ. App. 346 · Court of Appeals of Texas · Nov 6, 1897

Cravens by the County Court of Dallas County, and qualified as such September 28, 1880. 5. … And he also showed by said exhibit an established -indebtedness against said estate of $2885.56.

Western Union Telegraph Co. v. Piper

191 S.W. 817 · Court of Appeals of Texas · Dec 16, 1916

If no joint rate over the through route has been established, the several carriers in such through route shall file, print and keep open to public inspection as aforesaid, the separately established rates, fares and charges … Rep. 306, a decision in no way qualified by Western U. Teleg. Co. v. Commercial Mill Co., 218 U. S. 406 , 31 Sup. Ct. 59, 54 L. Ed. 1088 , 36 L. R. A. (N. S.) 220, 21 Ann. Cas. 815.”

Burleson v. Morse

172 S.W.2d 361 · Court of Appeals of Texas · May 27, 1943

The claim for usurious interest in this contract thus held to have been established is overruled as being without merit. … Kenyon and Sapp as to what, in, their opinions, was a reasonable fee for the appellee’s services in this instance, were clearly admissible, if that inquiry itself was a material one; these attorneys were shown to be specialists