Case law

Jones v. State

195 S.W.3d 279 · Court of Appeals of Texas · May 25, 2006

As stated above, the court of criminal appeals addressed the issue of what substances qualify as an adulterant or dilutant. Seals, 187 S.W.3d at 419-20 . … This includes a witness who is indicted for the same offense, but is promised immunity if he testifies against the accused. Blake v.

C.O.N.T.R.O.L. v. Sentry Environmental, L.P.

916 S.W.2d 677 · Court of Appeals of Texas · Feb 14, 1996

The Commission entered a final order denying Sentry’s application based on the grounds that Sentry had not adequately characterized deep groundwater at the site and that Sentry had failed to establish that the operation of … Appellants unsuccessfully attempt to qualify as aggrieved parties under the APA. Accordingly, we overrule appellants’ first point of error.

Hemphill County v. Adams

416 S.W.2d 855 · Court of Appeals of Texas · May 22, 1967

Article 5, Section 1 of the Constitution of Texas, Vernon’s Ann.St., as amended 1891, established Commissioners’ Courts. … voters thereof one County Commissioner, who shall hold his office for four years and until his successor shall be elected and qualified.

City of Houston v. Collins

310 S.W.2d 697 · Court of Appeals of Texas · Feb 6, 1958

The rule has been clearly stated by this Court, speaking through the late Justice Cody, in City of Houston v. … The appellee qualified as an expert on real estate values in Houston.

Crestview, Ltd. v. Foremost Insurance Co.

621 S.W.2d 816 · Court of Appeals of Texas · Jul 29, 1981

The legal issue is thus narrowed to whether the clause should be circumscribed on equitable or public policy grounds notwithstanding the contractual intent clearly expressed thereby. … Schmidt’s testimony establishes without question that Crestview intentionally took the risk that its legal theory might be wrong.

Mulholland v. Jolly

17 S.W.2d 1109 · Court of Appeals of Texas · Apr 17, 1929

It was clearly shown by the facts that Jolly and Clark had taken the deed in good faith and proceeded in all their dealings in connection with the land in the utmost good faith. … The evidence clearly established that the improvements were permanent and valuable and doubled the value of the land, and in equity and good conscience appellant should pay for them.

Groves v. Hanks

546 S.W.2d 638 · Court of Appeals of Texas · Dec 30, 1976

The other facts which were proven were established by undisputed evidence. … Since the error of the trial court affects only a part of the matters in controversy and that such part is clearly separable from the actions brought by Mrs.

Willis Bro. v. Pinkard, Administrator

21 Tex. Civ. App. 423 · Court of Appeals of Texas · Jun 22, 1899

Pinkard qualified as such administrator on the 28th day of September, 1898, and on October 1st following presented to the officer who levied the execution a claimant’s oath and bond for the trial of right of *424 property … It was further established that upon the expiration of the term of W. T.

Prado v. Johnson

625 S.W.2d 368 · Court of Appeals of Texas · Aug 28, 1981

will has not been fairly expressed and the evidence thereof properly preserved, the courts have been liberal in construing and enforcing as directory only the provisions of the election laws which are not upon their face clearly … The court stated: In order to prevail, election contestants must allege and prove particularized material irregularities in the conduct of the election; and establish either (1) that a different and correct result should

Hexter v. Powell

475 S.W.2d 857 · Court of Appeals of Texas · Dec 10, 1971

It was then a mere matter of mathematical calculations, and this witness was shown without dispute to be qualified to make such calculations. … controversy, having been “conclusively established under the evidence.”

Massey v. Allen

222 S.W. 682 · Court of Appeals of Texas · May 1, 1920

When this character of testimony can be resorted to, the statute indicates all that it is necessary to establish by the witnesses.” … Matthews,” signed to the instrument offered as Allen’s will as a witness, was shown by those qualified to know to be the genuine signature of N. A.

Talent v. City of Abilene

499 S.W.2d 724 · Court of Appeals of Texas · Sep 14, 1973

Applying the appropriate rule set forth in the above authorities, we have carefully reviewed the record and find that the Appellant has not discharged his burden of establishing that the trial court erred. … Here, there was no demand or suggestion that immunity be waived as in Gardner v. Broderick, 392 U. S. 273 , 88 S.Ct. 1913 , 20 L.Ed.2d 1082 (1968). In Kammerer v.

Milner v. Gatlin

211 S.W. 617 · Court of Appeals of Texas · Apr 25, 1919

The immunity of a nonresident from adverse judicial proceedings in a state court is guaranteed by the due process clause of the federal Constitution. … That immunity would be incomplete if he could be compelled to leave his own state and seek relief in the very tribunal that had violated his right.

Joffrion v. Texas Bank of Tatum

780 S.W.2d 451 · Court of Appeals of Texas · Oct 24, 1989

Jof-frion, Sr. died on October 11, 1987, and his wife, Dorothy Cancienne Joffrion, duly qualified as the independent executrix of his estate. … It has long been the law that the procedures for establishing claims against an estate are not applicable to claims against an estate administered independently. Roy v.

Mutual Benefit Health and Accident Ass'n v. Hudman

385 S.W.2d 509 · Court of Appeals of Texas · Dec 16, 1964

Eminently qualified physicians gave conflicting opinions. The Trial Judge made his choice. … Hudman is clearly reflected by the testimony of Dr. Montgomery which we quote: “A.

United States Fidelity & Guaranty Co. v. Mueller

13 S.W.2d 430 · Court of Appeals of Texas · Nov 14, 1928

If, in order to subject the heirs at law to the obligation of their parents, who are nonresidents, by showing they got part of the parent’s estate, clearly it has been shown they got all of the parent’s interest in the estate … The liability of the surety on the bond exists as a matter of law, whenever the liability of the defendant is established.

McCasland v. Steele

496 S.W.2d 937 · Court of Appeals of Texas · Jun 7, 1973

Appellees filed a Motion for Summary Judgment upon the ground that wine is a “liquor”, and that under the provisions of Article 666-40b of the Penal Code of Texas, Vernon’s Ann. the town of Angus was not qualified to hold … Therefore, we now consider Appellants’ first point, which is their sole remaining point, as follows: “The trial court erred in overruling Appellants’ Motion for Summary Judgment because the evidence in the case clearly established

Fort Worth & R. G. Ry. Co. v. Sageser

18 S.W.2d 246 · Court of Appeals of Texas · May 10, 1929

There is nothing to establish that the same standard of comparison was in the mind of each. … The plaintiffs’ pleadings clearly draw such issues, and it is alleged that the train was operated at “about 45 miles per hour.”

Farrell v. Jordan

338 S.W.2d 269 · Court of Appeals of Texas · Sep 22, 1960

We are unwilling to hold that this means that how an elector voted may be established alone by hearsay testimony. … The parties rested their evidence before the ballot boxes were opened, but we think it is clearly shown this was subject to the evidence that should come from opening the ballot boxes.

Lawyers Surety Corp. v. Snell

617 S.W.2d 750 · Court of Appeals of Texas · May 27, 1981

The general rule is that a temporary administrator, having qualified, is charged with the duty of reasonable care to preserve the assets of the estate. Frost National Bank of San Antonio v. … From our reading of the record, it was clearly established that no duty existed on the part of Lilia Paulus to obtain insurance on the subject premises because it was impossible, considering the reputation of the area where