Case law

Bishop v. Japhet

171 S.W. 499 · Court of Appeals of Texas · Oct 15, 1914

The judgment of the trial court recites that the jury's findings establish an illegal contract and agreement between the parties, and that the court would grant no affirmative relief to either. … For there can be no doubt that the indorsement and delivery of the negotiable notes to appellants, as security, vested in them the legal title thereto, and a qualified interest therein.

City of San Antonio v. Tenorio

542 S.W.3d 632 · Court of Appeals of Texas · Jan 27, 2016

Under the Texas Tort Claims Act (TTCA), the legislature has clearly and unambiguously waived governmental immunity from liability and from suit for certain tort claims arising out of its governmental functions, as specified … The court, however, "did not establish a bright-line rule stating that a routine safety investigation will never provide a governmental unit with actual notice of its fault." Ortiz-Guevara v.

Doherty v. King

183 S.W.2d 1004 · Court of Appeals of Texas · Nov 20, 1944

An agreed stipulation of facts filed in the case reveals that petitions with requisite numbers of qualified voters of the two contiguous school districts, the McKnight Common School District No. 23 of Donley County and the … It clearly appears that articles 2922a and 2922c of Chapter 19a, R. C.

Douglass v. Stover

268 S.W. 1039 · Court of Appeals of Texas · Jan 3, 1925

We find the following material facts to have been established: That appellant is the father of Victoria Elizabeth Douglass, a girf about 13 years of age; that she was formerly known as Berty May Douglass; that her mother … article does not extend the right of appeal to any one who has not some character of interest, or who will not be in some way affected by the order or judgment of the court or order of the judge thereof appealed from, as is clearly

Coffee v. William Marsh Rice University

387 S.W.2d 132 · Court of Appeals of Texas · Feb 4, 1965

purpose of determining whether, under a proper construction of the Indenture, pursuant to the terms of which the corporation was formed, the trustees, in the exercise of their discretion, are free to accept as students qualified … The power and duty of the Attorney General to represent, and protect the interests of, the general public in charitable trusts is clearly defined in Art. 4412a, Vernon’s Ann.Tex.Civ.St., providing that “[f]or and on behalf

Stott v. Houston Lighting & Power Co.

453 S.W.2d 364 · Court of Appeals of Texas · Mar 25, 1970

Plaintiffs attack these findings as being “so against the great weight and overwhelming preponderance of the evidence as to be clearly wrong and unjust.” … The medical testimony was in harmony, however, on the clearly established danger of administering the drug Indocin to a person whose medical history reflected the stomach problems which Mr. Stott had.

Ex parte Paxton

493 S.W.3d 292 · Court of Appeals of Texas · Jun 1, 2016

At that time, several people came forward; some were not qualified, and some wanted to be excused. … State, 520 S.W.2d 766, 769 (Tex.Crim.App.1974) (finding the legislature clearly intended “to impose criminal sanctions for almost any dealing in securities without a license.”).

Marr v. Reynolds

151 S.W.2d 263 · Court of Appeals of Texas · May 2, 1941

They have therefore assumed the burden of establishing all facts to show a clear legal duty of the defendants to create such board. The facts alleged are believed to be insufficient. … It is clearly shown, in the first place, that there was no City Inspector of plumbing. It affirmatively appeared that Tanner had been discharged.

M. G., in Re

625 S.W.2d 747 · Court of Appeals of Texas · Aug 28, 1981

We also do not find a requirement that a father be present and have an opportunity to oppose the provisions of assistance to a qualified mother. Assuming that the applicant spouse, in this case the mother of M. … The record clearly reflects that Castro enjoyed proper notice of the pleadings.

Stringer v. State

196 S.W.3d 249 · Court of Appeals of Texas · May 4, 2006

There is a presumption against the waiver of constitutional rights; therefore, for a waiver to be effective, "it must be clearly established that there was `an intentional relinquishment or abandonment of a known right or … Generally speaking, a statement is "testimonial" if it is a solemn declaration made for the purpose of establishing some fact.

William J. Lemp Brewing Co. v. La Rose

20 Tex. Civ. App. 575 · Court of Appeals of Texas · Mar 2, 1899

Ho power is expressly given to sue for any of the property mentioned, and, by the statute, such an administrator is forbidden to exercise any powers except those explicitly and clearly expressed in the order. … Since plaintiff’s title as administratrix relates back and connects with that of La Rose, if she succeeded in showing possession of the money in La Rose she established her title sufficiently to recover it, unless defendant

In the Interest of C.A.S.

128 S.W.3d 681 · Court of Appeals of Texas · Mar 18, 2003

Legal Principles When there has not been a conventional trial on the merits, an order or judgment is not final for purposes of appeal unless it actually disposes of every pending claim and party or unless it clearly and unequivocally … or fails to establish his cause of action.

Sims v. McKnight

420 S.W.2d 173 · Court of Appeals of Texas · Oct 11, 1967

This falls short, however, of establishing specific harm that probably resulted in injury to the contestants. The remarks in this instance were clearly limited by Mrs. … Gilbert cannot be said to have been making a comparison to the decedent and was clearly not attempting to make any argument to sway the other jurors.

State Farm Fire & Casualty Co. v. Reed

826 S.W.2d 659 · Court of Appeals of Texas · Feb 20, 1992

We then must decide whether the summary judgment proof established that the movant was entitled to summary judgment as a matter of law. Id. The facts regarding the accident on the Reeds’ property are not in dispute. … Hudson Energy Co., 811 S.W.2d 552, 555 (Tex.1991) (where exclusion did not clearly exclude simultaneous piloting by a qualified and unqualified pilot, exclusion found ambiguous and special rules of construction applied);

City of Houston v. Bergstrom

468 S.W.2d 588 · Court of Appeals of Texas · May 19, 1971

One part of the above quoted notice provision clearly could have no significant application to a minor claimant. It requires that the notice include a statement as to the amount for which the claimant will settle. … A minor cannot effectively settle such a claim except by approval of a court in a judicial proceeding wherein he is represented by a next friend, guardian ad litem or other legally qualified representative.

Wilson v. Franz

359 S.W.2d 630 · Court of Appeals of Texas · Aug 1, 1962

The qualifying words “needed” charity and “most needed” charity impose a limitation upon the discretion of the administrator of the trust, but do not present insuperable obstacles to its proper administration or an effective … , it would be sufficient to establish such a trust with regard to the specific class of “blind and crippled”.

Coleman v. Coleman

293 S.W. 695 · Court of Appeals of Texas · Mar 16, 1927

Coleman as sureties, and duly qualified by taking the oath prescribed by law; that T. A. … Coleman qualified as community administrator on July 7, 1911. On March 8, 1919, A. O.

Nehoc Land Co. v. City of Houston

342 S.W.2d 42 · Court of Appeals of Texas · Dec 22, 1960

We state that no judgment had been rendered because we think the record clearly establishes that the court had merely received the verdict and accepted it and ordered it filed, but had not rendered any judgment on it at such … Appellant contends the verdict of the jury is so contrary to the overwhelming weight. *48 and preponderance of the evidence as to be clearly wrong.

Sherill Ann Small v. State

504 S.W.3d 330 · Court of Appeals of Texas · May 19, 2016

The Marin court concluded that the right established by article 1.051(e) belonged in the second category. Id. at 280. … The court concluded that the statute “clearly does not contemplate a forfeiture of the statutory right from a mere failure to object at trial.” Marin, 851 S.W.2d at 280.

Johnson v. Wallace

191 S.W.2d 487 · Court of Appeals of Texas · Dec 5, 1945

Under her plea of not guilty appellant sought to establish an equitable title to the property under a parol agreement with ap-pellee Mrs. … Lott qualified as ■ independent executor of his estate, and he and Norman’s widow, M. E.