Case law

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

Montgomery Ward & Co. v. Scharrenbeck

199 S.W.2d 830 · Court of Appeals of Texas · Jan 3, 1947

Sessions was not qualified to repair and place same in operating condition, proximately resulting in the destruction of plaintiffs’ house, garage and most of their contents by fire. … Thus the facts seem clearly to bring this case under the rule.

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.

Arnold v. Anderson

41 Tex. Civ. App. 508 · Court of Appeals of Texas · Jan 31, 1906

The trial court filed conclusions of fact and law, vdiich are as follows: “The court finds as facts established by the evidence: “1. … The language used indicates clearly that he must, in person, sign his name, and that any ballot that does not bear his signature should not be counted.

Wayne Strand Pontiac-GMC v. Molina

653 S.W.2d 45 · Court of Appeals of Texas · Jan 27, 1983

At the trial, testimony was presented which established that $2.00 of this charge was made to pay for the state inspection of the vehicle purchased. … These cases are authority for holding that the overcharge of $5.53, because of a miscalculation of authorized charges, is controlled by the doctrine of “de minimis”; but they are not authority for holding that such doctrine immunizes

Humphrey v. Knox

244 S.W.2d 309 · Court of Appeals of Texas · Nov 30, 1951

Humphrey filed his-plea of privilege in the class suit he did not limit or qualify it. … The factual difference clearly distinguishes the Richardson case from the one now before us.

Howe v. Rose, County Judge

35 Tex. Civ. App. 328 · Court of Appeals of Texas · Mar 30, 1904

as such jury of view, and after so qualifying, proceeded at a time agreed upon by them to lay out and mark the said road, and gave the notices-in writing required to the landowners through whose land the proposed road would … Furthermore, independent of the view expressed, we are clearly of the opinion that the other provisions of the statute bearing upon the question of the authority of the Commissioners Court to open and establish roads are

Edwards v. Keller

133 S.W.2d 823 · Court of Appeals of Texas · Oct 28, 1939

At the time of the institution of this suit, however, the affairs of the corporation, since May, 1934, were in the hands of a conservator, duly appointed, qualified and acting, by order of a Superior Court of California. … The suit in California, according to the above petition, clearly sought to establish a debt, a liability, against the corporation, and the suit here has the same purpose; the only difference in the two suits being that, if

Bouknight v. Langdeau

333 S.W.2d 670 · Court of Appeals of Texas · Feb 24, 1960

Cunningham’s duty is to supervise and make the accounts and the like I would stipulate he is in such position and is competent and qualified. “The Court: All right. “Mr. LeCroix: Mr. … Humphrey, supra, clearly recognizes that filing suit and presentation of a claim for payment are not one and the same thing under Art. 2226.

Creech v. Columbia Medical Center of Las Colinas Subsidiary, L.P.

411 S.W.3d 1 · Court of Appeals of Texas · Feb 13, 2013

Swick testified that Nurse Mathew was not qualified to decide how much Dilaudid to administer to Creech, but Nurse Patterson testified that *9 she was qualified to administer medications, and Byrne testified that she believed … This contention is clearly without merit as to Nurse Conner.

Connellee v. Witty

246 S.W. 715 · Court of Appeals of Texas · Nov 11, 1922

That property in the hands of a receiver by virtue of an order of one court cannot be sold under process from another court is a proposition of law too weil established to be for a moment called in question. … It would clearly have been improper for the court under this bill to appoint a receiver of any property except that embraced in the mortgage.

In Re Reeves' Estate

7 S.W.2d 683 · Court of Appeals of Texas · Apr 18, 1928

The trial court held the marriage voidable only, and immune from attack after the death of one of the spouses. … Powell clearly and unequivocally holds that insanity of one of the spouses renders the marriage absolutely void, requiring no decree of annulment to so establish it.

Patillo v. Allison

51 S.W.2d 1041 · Court of Appeals of Texas · Jun 9, 1932

The expenditure of the funds belonging to these minors in the purchase of real estate in their respective names was ⅛ clearly within the authority conferred. … Only a duly appointed and qualified guardian of the estate of a minor is entitled to the custody and control of such estate.

Wooten v. Fitz-Gerald

440 S.W.2d 719 · Court of Appeals of Texas · Apr 2, 1969

Appellants further complain that it creates unrestricted discretion to the named private trustee as to the selection and identity, number, ages, and standards of who shall be the beneficiaries and qualified to live in the … Therefore it is, in our opinion, clearly evident that the dominant and primary purpose of this testatrix was to establish a charitable trust, which read with the findings and holdings of the trial court is, in our opinion

Daimwood v. Driscoll

151 S.W. 621 · Court of Appeals of Texas · Oct 23, 1912

order of sale shall be in writing, with a description of the real estate sought to be sold, accompanied by an exhibit in writing, verified by the affidavit of the executor or administrator, showing the claims approved and established … Ordinarily any words or conduct clearly and unequivocally indicating an intention to be bound by the contract is sufficient. Mechem on Sales, § 104. In Bingham v.

Cohen v. Vogt

211 S.W.2d 762 · Court of Appeals of Texas · Mar 25, 1948

By proper proof appellee established the essential facts necessary to be proved in showing the correctness of the account, and that Ida Seerman as resident buyer for appellant bought the merchandise in question during the … The bill of exception to such action of the court was qualified by the trial judge, with no objection thereto, to show that the trial had about concluded when appellant sought to file his trial amendment; that originally

Texas Resources, Inc. v. Diamond Shamrock Corp.

584 S.W.2d 522 · Court of Appeals of Texas · Jun 28, 1979

After the Commissioners were appointed and qualified, they gave notice of the hearing and, on July 24, 1970, made their award which was properly filed on July 27, 1970. … The record before us clearly establishes that upon the filing of the objections and exceptions to the commissioners’ award in 1970, a period of approximately eight years elapsed until the date of the dismissal order.

Oldham v. Thomas

864 S.W.2d 121 · Court of Appeals of Texas · Sep 23, 1993

The employee filed a motion for summary judgment on the grounds of governmental immunity, res judicata, collateral estoppel, and estoppel by judgment. Id. at 876-77 . … The owner will qualify as a witness to the damages to his property only if his testimony shows that it refers to market rather than intrinsic or some other value of the property. Id. at 505 .

Dilworth v. Hake

64 S.W.2d 829 · Court of Appeals of Texas · Sep 21, 1933

However, the name under which appellee is doing business .is clearly distinguishable from that used by the appellant by the initials “T. M.” … We do not think that the evidence is sufficient to establish as a matter of law that the public would be caused to confuse the business conducted by the appellant with that conducted by ap-pellee.

Texas Liquor Control Board v. Longwill

392 S.W.2d 725 · Court of Appeals of Texas · Jun 22, 1965

The Board's exercise of the power conferred upon it to establish standards of conduct required of permittee is legislative in nature. … Synonym: Advantage, prerogative, immunity, franchise, right, claim, liberty." (Emphasis added.)