Case law

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.

Sharp v. Reynolds

395 S.W.2d 725 · Court of Appeals of Texas · Sep 20, 1965

The Barker case is clearly distinguishable from the present case in that the facts in the Barker case show that the members of the jury were in complete agreement as to the answers which they had made and so stated to the … The question is clear and simple, and is easily understood by any person qualified to serve on a jury. It is capable of an affirmative or negative answer, and that is all the judge needs to determine.

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.

Rust v. Rust

211 S.W.2d 262 · Court of Appeals of Texas · Mar 31, 1948

His will was probated May 26, 1942, and his executors promptly qualified and took charge of his estate. His only heirs at law were his surviving wife and daughter. His father, John Y. Rust, Sr., was living.' … The third and fourth paragraphs are clearly conditional clauses of defeasance, and as such conditions subsequent. The remaining paragraphs merely detail the powers and duties of the trustees.

Bopp v. Hansford

18 Tex. Civ. App. 340 · Court of Appeals of Texas · Feb 9, 1898

Sims qualified as guardian on July 6, 1895. On September 4, 1895, the court made an order requiring Sims to make a new bond, without citing him as required by law. … In ordér to be relieved of liability when one has signed a bond, the defense should be clearly established.

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.

Moore v. Logan

10 S.W.2d 428 · Court of Appeals of Texas · Aug 20, 1928

In substance, appellee alleged as grounds for' the injunction: (a) That he is the duly elected and qualified mayor of the city of Port Arthur, and that appellants Moore and Wade are the duly elected and qualified commissioners … The department could be established at any time within the discretion of the city commission. Its establishment was a contingency provided for by the charter.

Dent v. National Life Accident Ins. Co.

6 S.W.2d 195 · Court of Appeals of Texas · May 3, 1928

He found that the plaintiff, Dent, was the duly appointed and qualified administrator of the estate of the deceased, John E. McGuire. … But in view of the fact that the judgment must be reversed upon grounds to be hereinafter stated, we deem it advisable to state that the papers mentioned are clearly not admissible to prove that the insured committed suicide

Pipes v. Christenson

530 S.W.2d 860 · Court of Appeals of Texas · Oct 16, 1975

The application was granted, and Respondent qualified as temporary administratrix on the same day after filing her bond in the amount of $1,000. … Sorley, 39 Tex. 515, 528 (1873): “It follows most clearly that as the statute is direct and mandatory, and neither the administrator nor the probate court has the power or authority to settle any such claim without authentication

Carlton Independent School Dist. v. Jordon

9 S.W.2d 384 · Court of Appeals of Texas · Jun 8, 1928

S. 1895, was provided for in article 580, as follows: “If the inhabitants of such town or village desire to be so incorporated, at least twenty residents thereof, who would be qualified voters under the provisions of this … The principle, however, is well established by analogy.

Savings & Loan Commissioner of Texas v. First Federal Savings & Loan Ass'n

434 S.W.2d 883 · Court of Appeals of Texas · Dec 4, 1968

In his order the Commissioner reviewed employment, income, and retail sales by stating that, “From the evidence and testimony adduced at the hearing held on this application, it was established clearly that employment, wages … that such conditions are improving and such improvement, coupled with the demonstrated growth and vitality of the Hays County economy, establishes clearly that the installation and operation of the branch facility sought

Bob Deuell v. Texas Right to Life Committee, Inc.

508 S.W.3d 679 · Court of Appeals of Texas · Sep 15, 2016

And because the broadcaster cannot censor the candidate’s materials, it is immune from state libel claims. Farmers Educ. & Coop. Union of Am. v. … However, because third-party groups, like TRLC, are not "legally qualified candidate!»

Scott v. Noakes

277 S.W. 735 · Court of Appeals of Texas · Nov 18, 1925

Wright was appointed and qualified as receiver of its affairs, under an order issued by the Sixty-eighth district court of Dallas county. … He must not only allege facts clearly showing tbe case comes within one of tbe exceptions to tbe exclusive venue in tbe county of defendant’s residence, but be must go further and establish those facts by evidence.

N. Nigro Co. v. Globe Fruit Co.

298 S.W. 305 · Court of Appeals of Texas · Jun 2, 1927

However,' some of it will be referred to merely to the extent of showing the issue involved, and also to show more clearly' the relevancy of the matters complained of in assignment No. 4 hereinafter discussed. … very badly deteriorated, rotten, and -unmerchantable condition of said shipment on its arrival in Dallas, or when their attention was called to the nuts, and, in substance, the testimony of the appellant is directed to the establishment

Dallas Gas Co. v. State

261 S.W. 1063 · Court of Appeals of Texas · Mar 12, 1924

It was said, ‘There is no general supervision on the part of the nation over state taxation, and in respect to the latter the state has, speaking generally, the freedom of a sovereign both as to objects and immunities.’ … Interstate commerce is a practical conception and what falls within it must be determined upon consideration of established facts and: known commercial methods. Rearick v. Pennsylvania, 203 U.

Bonner v. State

29 Tex. Ct. App. 223 · Court of Appeals of Texas · Nov 29, 1890

This phase of the law was not clearly and sufficiently presented by the charge. … It seems to us also that the words “if need be,” as used by the learned judge, unnecessarily qualify defendant’s rights under the statute.

International Ass'n of Firefighters, Local Union No. 2390 v. City of Kingsville

568 S.W.2d 391 · Court of Appeals of Texas · Apr 27, 1978

The burden rests on the individual who challenges the Act to establish its unconstitutionality ... … Such determination would clearly be a policy decision, in that the court would have unbridled discretion to decide the size of the labor market area.

Fulbright v. State

41 S.W.3d 228 · Court of Appeals of Texas · Mar 1, 2001

While a detailed record of specific admonishments is one way to establish a knowing and intelligent waiver, and may be the better practice in most situations, there is “no formulaic questioning to establish a knowing and … While appellant desired the aid of standby counsel, once the trial court informed him that standby counsel would not be available, appellant clearly restated his intention to represent himself.

Texas & P. Ry. Co. v. Hughes

192 S.W. 1091 · Court of Appeals of Texas · Jan 25, 1917

The ultimate fact to be established to entitle appellees to recover as they sought to was that the blow on the head killed 'Hughes. … Nor did the court err when he permitted appellees to prove by the witness Price, over appellant’s objection, that he had not qualified as an expert, that the deceased, during his lifetime after he suffered the injury, “did

Texas & Pacific Railway v. Gott

20 Tex. Civ. App. 335 · Court of Appeals of Texas · Jan 14, 1899

The facts as alleged in pláihtiff’s petition were fairly established by the evidence. The evidence further showed that Mrs. … If this decision be sound, and the Trott cast does not purport to overrule or even qualify it, then the facts of the present case clearly impose a liability upon the railway company for which a recovery may be had.