Case law

In the Matter of E.F.

986 S.W.2d 806 · Court of Appeals of Texas · Feb 25, 1999

Appellant’s statements clearly satisfy this standard, corroborating both J.L.’s and C.S.’s testimony. See Ware v. … J.L. was granted testimonial immunity for his testimony. .

M-K-T Ry. Co. v. Jaffee Cotton Products Mfg. Co.

193 S.W.2d 986 · Court of Appeals of Texas · Apr 3, 1946

While the testimony of Jaffee as to the cost of his building', and the testimony as to the cost of repairs, were clearly not admissible on the issue of market value; such testimony was admitted under pleadings then on file … Witnesses for appellee, however, who were qualified either by experience in buying and selling machines of similar character ; and some of whom were personally familiar with these particular machines, testified that with

Missouri, K. T. Ry. Co. of Tex. v. St.

275 S.W. 673 · Court of Appeals of Texas · Jun 24, 1925

No other language is used in connection with the words “shop facilities and terminals” which in any way qualifies or limits their broad meaning as intending to define and describe all things to be done and properties to be … 'It. must also be borne in mind that this expenditure would be and is an indirect burden, and such proof does not show clearly and satisfactorily the fact sought to be established. Railway Co. v. Anderson Co., 246 U.

Campbell v. State

325 S.W.3d 223 · Court of Appeals of Texas · Jun 17, 2010

Stating one’s name may qualify as an assertion of fact relating to identity. Production of identity documents might meet the definition as well. As we noted in [U.S. v.] … Hubbell, [ 530 U.S. 27 , 120 S.Ct. 2087 , 147 L.Ed.2d 24 (2000) ] acts of production may yield testimony establishing “the existence, authenticity, and custody of items [the police seek].”

Kimbell Milling Co. v. Greene

162 S.W.2d 991 · Court of Appeals of Texas · May 8, 1942

It was conclusively established in this case that Boothe did receive wheat for storage but not for hire. … We are criticised for saying, "It was conclusively established in this case that Boothe did receive wheat for storage but not for hire".

Roberts v. Drake

380 S.W.2d 657 · Court of Appeals of Texas · May 8, 1964

Drake is the duly appointed and qualified administrator of the estate of R. S. Drake, deceased. … Appellants’ contention that a life estate or defeasible fee was created by this second sentence, being in itself vague and doubtful, runs counter to the established law of our state. In Winston v.

Bullock v. State

982 S.W.2d 579 · Court of Appeals of Texas · Nov 19, 1998

I would hold that unreliability is the foundation for the whole line of cases establishing that statements of co-defendants are inadmissible as to those portions inculpating a defendant. … However, a statement against the declarant’s penal interest is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. TexR.CRIM. Evid. 803(24).

Jamison v. City of Pearland

489 S.W.2d 636 · Court of Appeals of Texas · Nov 30, 1972

Points one, two, seven, eight and eleven complain of procedural matters and clearly are not related to such action of the court. They will not be considered. Rule 324, Texas Rules of Civil Procedure; Saldana v. … This Article, which became effective November 8, 1966, establishes a definition *642 of agricultural use of land, and places on the local tax assessor the duty to determine whether land qualifies for special assessment as

Guaranty State Bank & Trust Co. v. Thompson

195 S.W. 960 · Court of Appeals of Texas · May 30, 1917

The receiver qualified on April 19, 1912, and a general order of allowance to creditors to intervene in said suit was entered on May 7, 1912. … Rep. 776 , a creditor levied an attachment on property on the same day that a receiver was appointed for the corporation owning it, but before he qualified.

City of San Antonio v. Bodeman

163 S.W. 1043 · Court of Appeals of Texas · Feb 11, 1914

Plaintiff alleged further that he had a lien upon the current revenues of the city for the fiscal year ending May 31, 1913, and prayed that said lien be, established and that defendant and its officers, agents, and employés … The failure to set out the ordinance which creates the office in hsee verba or in substance is a defect wh}ch clearly should be asserted by special exception and cannot be ground for sustaining a general demurrer.

Johnnie C. Ivy Plumbing Co. v. Keyser

601 S.W.2d 158 · Court of Appeals of Texas · May 29, 1980

Our Supreme Court has clearly stated that in a bill of review proceeding the trial of issues may be had in one hearing or in several hearings at the discretion of the trial judge. … The only part of this record that could possibly qualify as summary judgment proof is this Statement of Facts.

Ward v. Lamar University

484 S.W.3d 440 · Court of Appeals of Texas · Jan 12, 2016

Unlike the remedies Ward seeks for her claims under the Texas Whistleblower Act, which contains a waiver of governmental immunity, Ward does not seek money damages based on the alleged adverse personnel actions in retaliation … Speaking clearly now might curtail litigation expenses, conserve judicial resources, and enhance efficiency. . See Tex. Gov’t Code Ann. § 554,001, et seq. (West 2012); Tex. Const, art.

Lytle v. Halff

75 Tex. 128 · Court of Appeals of Texas · Nov 15, 1889

It is true that this section of the Constitution expressly recognizes the power of the Legislature to establish “ Criminal District Courts,” which illustrates the fact that the people desired that such courts should be established … of fixing the territory within which an established court shall be held.

Runnells v. Pruitt

204 S.W. 1017 · Court of Appeals of Texas · May 25, 1918

Both Dashiell and Stennis were experts in the examination of titles and qualified to pass upon same. … That duty clearly arises by implication from the right of possession.

Praeger v. Wilson

721 S.W.2d 597 · Court of Appeals of Texas · Dec 11, 1986

Appellant urges this court to add the qualifying phrase “covering Tract 1” to the phrase “together with any and all subsequent agreements between [appellant and Jackson].” … Appellant’s third point of error addresses the question of whether the evidence establishes as a matter of law that the contract does not dispose of the interest in Tract 2 because it violates the statute of frauds.

King v. King's Unknown Heirs

16 S.W.2d 160 · Court of Appeals of Texas · Mar 6, 1929

Thus the most important element of the true marital state, that of a common homestead, is clearly excluded from the case. … The case presented here comes clearly under the condemnation of that opinion, and meets none of the tests there so well laid down.

Black v. Lambert

235 S.W. 704 · Court of Appeals of Texas · Nov 16, 1921

W. 335 . [4] The burden, as a matter of course, rested on applicants for the writ of injunction to establish the fact that Dr. … These are fully ajnl clearly set forth in the amendment of 1914, which created commission government and to which we can look for the ascertainment of such duties.

McDaniel Bros. v. Wilson

70 S.W.2d 618 · Court of Appeals of Texas · Apr 12, 1934

The facts of this case clearly bring E. L. … qualified to testify as an expert, and his testimony is admissible as such.

Wisznia v. Wilcox

438 S.W.2d 874 · Court of Appeals of Texas · Feb 27, 1969

It was established that the amount of the architect’s fee was $104,960.00 of which he had been paid only $13,750.00, that the balance had become due, and that he had sued the owner and been awarded an interlocutory judgment … Appellant Wisznia entered into a written contract with appellee Wilcox, who is a qualified licensed structural engineer, to do the structural engineering on this project.

Chanowsky v. Friedman

219 S.W.2d 501 · Court of Appeals of Texas · Mar 18, 1949

The will was probated and Adolph Chan-owsky was appointed independent executor; he qualified as such, filed an inventory and appraisement, took the oath and went into possession of most of the estate, which consisted of both … It is sufficient to say that appellee’s theory in this case was that she should have her judgment debt established against the community estate of Jake and Mary Chanowsky, and that the community property of their mari *503