Case law

R_ K_ M v. State

535 S.W.2d 676 · Court of Appeals of Texas · Feb 25, 1976

The thrust of appellant’s contention is that in a proceeding which seeks to deprive a defendant of his liberty, the defendant is guaranteed all of the privileges and immunities he would have if it were a criminal proceeding … It is seen that the thrust of appellant’s complaint pertains to Sub-sections 4 and 6. 2 The rule is well established in this State that an appellate court will not disturb the findings of the trier of the facts on conflicting

Amarillo Lodge No. 731, AF & AM v. City of Amarillo

473 S.W.2d 264 · Court of Appeals of Texas · Nov 8, 1971

The appellants have predicated their appeal upon the contentions that the Stipulations and admitted facts established that Appellant Lodges are institutions of purely public charity and that they qualify under Sections 7 … City of San Antonio, 455 S.W.2d 743 (Tex.Sup.1970), the Texas Supreme Court in a unanimous opinion, speaking through Justice Pope, clearly stated that under Section 7, Article 7150, charity had been defined primarily in the

Ex Parte Stringer

546 S.W.2d 837 · Court of Appeals of Texas · Nov 24, 1976

Relator's testimony was clearly sufficient to convict him of deliberate and wilful disobedience to a lawful order of the trial court. … The limitation of the punishment which the district court is authorized to impose for contempt under established law constitutes an alleged contempt a petit offense.

Derrick v. County Bd. of Education of Donley County

374 S.W.2d 259 · Court of Appeals of Texas · Dec 23, 1963

The record indicates clearly that the elections were attempted to be held under Article 2815h, Sections 21 and 21a, V.T.C.S. … Our court has held: “It is well established by the decisions that an election must be called by the authority designated by law, otherwise the election is void.” Pollard v.

Davis v. Simmons

240 S.W. 970 · Court of Appeals of Texas · Mar 15, 1922

Hugh Exum also qualified as an experienced cattleman and in shipping cattle. … Even in this phrase appellant omits the words "for these purposes," which qualify the time to procure the horses and men and limit it to a purpose which under the law appellee clearly had the right to act upon, even if the

Texas & New Orleans Railroad v. Miller

60 Tex. Civ. App. 627 · Court of Appeals of Texas · May 4, 1910

Dart, after qualifying as an expert upon the laws of Louisiana, testified in response to interrogatories as follows: In response to direct interrogatory Ho. 4: “The law of Louisiana confers a right of action for personal … This well-established rule applies to actions brought to recover damages for injuries causing death.

Araiza v. Chapa

319 S.W.2d 742 · Court of Appeals of Texas · Dec 17, 1958

The Statute, Title 19, § 1641, U.S.C.A., and the regulations issued thereunder by the Secretary of the Treasury “to protect importers and the revenue of the United States” clearly announce the public policy of the United … Appellant next contends that he should have been given a trial upon his claim seeking to establish a trust in his favor upon property bought with partnership funds. Again we do not agree.

Reliance Insurance Co. v. Kronzer, Abraham & Watkins

582 S.W.2d 170 · Court of Appeals of Texas · May 17, 1979

The Supreme Court again recognized the rule that when a claimant elects to proceed under the workmen’s compensation statute and qualifies for award thereunder, the cause of action of the compensation carrier does not accrue … This right clearly came within the provision of Article 8309, Section 3b supra, providing that “no inchoate, vested, matured, existing or other rights . shall be in any way affected by any of the amendments herein made .

San Antonio & Aransas Pass Railway Co. v. Waller

27 Tex. Civ. App. 44 · Court of Appeals of Texas · Oct 30, 1901

The witness Grady having qualified as an expert, in relation to the condition of the track when the accident occurred, testified as follows: “In the first place I found the left hand rails leading onto the stock track had … we are constrained to the opinion that, when tested by the rule es *49 tablished by law, the evidence is not reasonably sufficient to show the amount of damages assessed, and that to the extent of at least $4000 the jury clearly

Pierson v. State

18 Tex. Ct. App. 524 · Court of Appeals of Texas · Jun 20, 1885

By testimony thereafter adduced by the State, the relevancy and materiality of this portion of the testimony of the witness was clearly shown. Second. … It was the duty of the district attorney, if he thought the evidence established the guilt of the defendant, to demand his conviction.

Toler v. Harbour

589 S.W.2d 529 · Court of Appeals of Texas · Oct 24, 1979

The non-moving defendants did not present to the court any issue which would avoid plaintiff’s entitlement to the summary judgment established by the proof. Affirmed. Plaintiff Frank A. … Harbour, particularly in using the word “heirs;” and, second, the entire will itself clearly sets forth the testator’s intent that Frank was to have only a life estate and, at Frank’s death, his heirs, by which the testator

Sheppard v. Beck

557 S.W.2d 578 · Court of Appeals of Texas · Oct 20, 1977

Clearly there was the incorrect assumption that somehow the friend had “missed” Duke, plus the assumption that he was still in the pasture. … In view of Boyd’s evidence, the Shep-pards, having thereby lost benefit of any presumption, were in position of having no evidence to establish the requisite prima facie case against him.

Harle v. Krchnak

422 S.W.2d 810 · Court of Appeals of Texas · Dec 14, 1967

Harle is a qualified surgeon, who has performed some 3,000 cases of surgery. Had surgery not been performed, appellee would have died. … Ivey that the fact a surgeon fails to remove a sponge before closing an incision establishes negligence as a matter of law, we think the decision clearly contrary to the great weight of authority in the United States.

Exxon Mobil Corporation v. Delia Pagayon, Michelle Fulton, Alfredo G. Pagayon, Michael G. Pagayon, and the Estate of Alfredo M. Pagayon

467 S.W.3d 36 · Court of Appeals of Texas · Apr 9, 2015

would qualify the expert to give an opinion on that particular subject.” … See Broders, 924 S.W.2d at 153 (concluding that the trial court properly excluded expert testimony where the proponent failed to establish that the physician was qualified to opine “on cause in fact”); see also Roberts, 111

O'DELL v. State

651 S.W.2d 48 · Court of Appeals of Texas · Apr 27, 1983

That’s the State’s point, your Honor, and we submit that this man is qualified. THE COURT: I don’t think he’s disqualified. If you want to ask him something else, well, go ahead. … First, the lesser included offense must be included within the proof necessary to establish the offense charged.

H. D. Lee Mercantile Co. v. Thompson

161 S.W.2d 581 · Court of Appeals of Texas · Mar 14, 1942

Mayo, the duly appointed and qualified administrator of F. H. … Plaintiff’s petition clearly raises the issue of its interest in, or ownership of, the property resting in possession of , the deceased as trustee, or receiver, perforce of Art. 4001, R.S., which specifically provides that

Hunnicutt v. State

20 Tex. Ct. App. 632 · Court of Appeals of Texas · Mar 20, 1886

The public, in whose interest the prosecution is carried forward, has as much interest in establishing the innocence of the respondent, if he be innocent, as his guilt if he be guilty.” … The position is that article 574 is but a part of, and intended alone to qualify, article 572.

Associated Press v. Walker

393 S.W.2d 671 · Court of Appeals of Texas · Jul 30, 1965

“A jury finding on facts will not be set aside because it does not appear to be clearly right; it must appear to be clearly wrong before the appellate court will disturb it. … Perhaps a majority of the courts hold that false allegations of fact are not entitled to immunity even though made in good faith and without malice. * * * Texas is clearly in line with the majority, holding that falsification

Williams v. Roberts

621 S.W.2d 427 · Court of Appeals of Texas · May 27, 1981

Phoenix established a four-pronged test for determining whether the causes of action were identical. … He was, therefore, qualified to give his opinion. See Barker v. Dunham, 551 S.W.2d 41 (Tex.1977).

Independent School Dist. v. Salvatierra

33 S.W.2d 790 · Court of Appeals of Texas · Oct 29, 1930

It is only when the school authorities go clearly beyond their administrative powers that the courts may directly interfere. … “We think it a principle established by the overwhelming weight of authority in the courts of all countries subject to the common law that no action lies to restrain an interference with a mere public right, at the suit of