Case law

Ripley v. Ocean Accident & Guarantee Corp.

146 S.W. 974 · Court of Appeals of Texas · Mar 23, 1912

No such objection was made to the testimony as is set out in the assignment, nor did the evidence tend to establish by parol the contents of the written contract. … No objection is made to it, nor is-there any specific objection made that it is insufficient to establish the facts which it was offered to prove.

Baldridge v. Klein

56 S.W.2d 897 · Court of Appeals of Texas · Dec 23, 1932

The facts disclose that the witness was qualified to express his opinion as to the value of the car before and after the accident, and the evidence supports the jury's finding. … The plaintiff in error was clearly guilty of negligence.

Corder v. Foster

505 S.W.2d 645 · Court of Appeals of Texas · Dec 28, 1973

Pannell, duly qualified according to law in Harris County, Texas, joined herein by my present husband, George B. Withrow” to J. H. Hutchings. … The evidence clearly showed actual and apparent possession of the land by appellees’ predecessors many years prior to 1955, the date of first possession claimed by appellant.

Hurt v. Cooper

113 S.W.2d 929 · Court of Appeals of Texas · Feb 5, 1938

These immunities have been recognized for many years. By the statute of 50 Geo. … In many, if not in most, of the American States, these immunities are granted to mechanics and farmers selling their own products, and the power is not questioned.”

Kidd v. Prince

182 S.W. 725 · Court of Appeals of Texas · Jan 8, 1916

Or that it was the separate property of their deceased mother or their separate property, together with the facts or chain of title that, if true, would have established title. … He alleged as much, and the presumption is that he established the allegations as a fact.

In re Bustamante

510 S.W.3d 732 · Court of Appeals of Texas · Nov 23, 2016

The Fernandezes did not allege, much less establish, that Bustamante failed to meet the pleading requirements referenced in section 33.004(g)(1). … The court reiterated the requirements a relator must meet to qualify for mandamus relief: (1) a clear abuse of discretion; and (2) no adequate remedy by appeal.

General Life Ins. Co. v. Potter

124 S.W.2d 409 · Court of Appeals of Texas · Jan 27, 1939

Thus, it appears that not only was such fact not established by the undisputed evidence, but there was no competent evidence to establish what was a reasonable attorney’s fee in the case. … In connection therewith she testified that she possessed no special knowledge with reference to such disease; that she was not a doctor or otherwise qualified.

Jernigan v. Scott

518 S.W.2d 278 · Court of Appeals of Texas · Nov 27, 1974

The record does not establish, as a matter of law, that Bessie and Neal were divorced prior to Neal’s death. … This provision clearly contemplates a relinquishment of claims by each party against the separate estate of the other.

Hays Consolidated Independent School District v. Valero Transmission Co.

645 S.W.2d 542 · Court of Appeals of Texas · Nov 24, 1982

That the District, in placing-a value on the land within the District for ad valorem tax purposes (which had not qualified for the agricultural use valuation) at less than $100.00 an acre, adopted an arbitrary and discriminatory … without regard to market value and the assigning of a value, or an additional value, to the mineral interests under same lands and taxing them, and not similarly valuing and taxing the minerals under other similar lands, is clearly

Wilkinson v. State

523 S.W.3d 818 · Court of Appeals of Texas · Apr 27, 2017

A trial court abuses its discretion if its decision is so clearly wrong as to lie outside the zone within which reasonable people might disagree. Taylor v. State, 268 S.W.3d 571, 579 (Tex. Crim. App. 2008). … The examination related to the general hearsay objection to the entire exhibit and did not touch on any specific posts. 6 Several of the complainant’s Face-book posts are clearly statements of present-sense impressions or

Martin v. Lou Poliquin Enterprises, Inc.

696 S.W.2d 180 · Court of Appeals of Texas · Jul 5, 1985

In the case of an established business, pre-ex-isting profits may be used to prove with reasonable certainty lost profits during the year in question. White at 262 . … Although La Sara arose in the context of a lending institution, the opinion clearly states that its interpretation of consumer status is not *184 restricted solely to cases involving financial organizations.

Brown v. Brown

191 S.W.2d 814 · Court of Appeals of Texas · Jun 1, 1945

A receiver was appointed, duly qualified, and is in possession of the property pending sale under further orders of the court. … Manifestly, such assigned reason, if enforced, would stifle competition, and is clearly inequitable in the manner of division. The property is personalty, of separate units; hence susceptible to partition in kind.

In the Interest of A.V.

849 S.W.2d 393 · Court of Appeals of Texas · Mar 30, 1993

Accordingly, if Brogden qualifies as an expert witness his interpretation of the test results was admissible. The Texas Rules of Civil Evidence provide: RULE 702. … It is evident from viewing the videotaped interview between A.V. and the caseworker that A.V. was clearly upset about appellant’s actions in touching her genital area and hurting her.

Catalani v. Graneri

153 S.W.2d 1015 · Court of Appeals of Texas · Jun 26, 1941

In the event of the death, failure, or refusal of either of the said John Graneri, or Tony Graneri, to qualify then the one so qualifying shall have all the powers conferred upon both, and in the event of the death of both … John Graneri, the independent executor named in the will, qualified as such on April 16, 1938.

Miller v. Hooper

94 S.W.2d 230 · Court of Appeals of Texas · May 4, 1936

The objections urged to this testimony were that it was irrelevant, immaterial, and purely an opinion and conclusion of the witness which he was not qualified to give. … The action of the court in permitting the question and answer was clearly erroneous. The plaintiff must have known of what his expenses consisted, and should have been required to state them in detail.

Rainer v. Durrill

156 S.W. 589 · Court of Appeals of Texas · Apr 16, 1913

Being a minor, the relator is not qualified to purchase the land.” Durrill v. Robison, 138 S. … The burden was on her to establish her suit, and, if she failed to comply with the requirements of the articles cited, she, and not the appellants, must be held accountable.

Premier Petroleum Co. v. Box

255 S.W.2d 298 · Court of Appeals of Texas · Jan 23, 1953

and operating of its pipe line in addition to the original consideration of $37.50 which had been paid to grantor; that such was the intention of the parties is more conclusively established by the provision made therein … He was qualified under these circumstances to give his opinion of the value of the land.

Clarke v. First State Bank of Dallas

150 S.W. 203 · Court of Appeals of Texas · Jun 8, 1912

Clarke was confirmed and qualified as executrix. … Tipton, and Donovan Company be established against the estate of B. M.

Dillon v. Medellin

627 S.W.2d 737 · Court of Appeals of Texas · Oct 29, 1981

The findings of the trial court are sufficient to establish subject matter jurisdiction under the provisions of Tex.Fam. Code Ann. § 11.045(a)(2)(B), supra. … During that period of time the mother had no contacts within the State of Texas which would satisfy due process requirements, and the record reflects that the persons best qualified to testify with respect to the welfare

Drane v. Humble Oil & Refining Co.

4 S.W.2d 241 · Court of Appeals of Texas · Mar 8, 1928

A number of the bills of exception were qualified by the trial court in such a way as to clearly show no error. … The large majority of the bills of exception relate to the admission or exclusion of evidence which was offered for the purpose of establishing the amount of damage,-if any, and with reference to whether appellants were entitled