Case law

Sorenson v. State National Bank of El Paso

370 S.W.2d 225 · Court of Appeals of Texas · Jul 24, 1963

In April, 1958, the STATE NATIONAL BANK OF EL PASO, Appellee herein, qualified as Administrator of deceased’s estate. Thereafter, in July, 1958, Appellant filed an application for the probate of an alleged “lost will”. … Starke, 324 S.W.2d 234 , a much later case, by a Court of Civil Appeals, the Court said: “ * * * a will is not established merely by showing an intent to make one.” See also Cay wood v.

Moore v. Central Education Agency

768 S.W.2d 1 · Court of Appeals of Texas · Mar 29, 1989

Section 13.304 authorized five possible ratings that might be given a teacher’s “performance,” ranging from “unsatisfactory” to “clearly outstanding.” … Concerning the factors of “experience” and “advanced academic training,” the Legislature designated in §§ 13.305-13.310 several qualifying combinations of academic degrees and teaching experience pertaining to the various

National Biscuit Co. v. State

129 S.W.2d 494 · Court of Appeals of Texas · Jan 18, 1939

State, 122 Tex. 530 , 62 S.W.2d 107 , 110: “The state's immunity from suit does not extend to a suit against state officers to enjoin the enforcement of an invalid law to the injury of the legal rights of a citizen,” citing … Had it acted seasonably,— for instance in 1909 when it paid filing fees of $55,040 under said law,—and established the invalidity of said law, it not only would not have been required over such 10-year period to pay to the

Southwestern Bell Telephone Co. v. Gravitt

551 S.W.2d 421 · Court of Appeals of Texas · Nov 10, 1976

S.W.2d 458, 461 (1942), a provision imposing a penalty on the exercise of the right to seek redress for tortious personal injury was regarded, for the purpose of determining the public policy question, as a contract for immunity … The amounts payable to plaintiff were conclusively established.

Cragin v. Frost Nat. Bank

164 S.W.2d 24 · Court of Appeals of Texas · Jul 8, 1942

Wilson had named any other condition than the one he did name, then there could be no question about a conditional fee having been established. … We think this is clearly shown by the will itself, and it is further compelled by the rule that the first- taker must be given the greatest possible estate consistent with a fair construction of the will. Rae v.

Reagan v. National Bank of Commerce of San Antonio

418 S.W.2d 593 · Court of Appeals of Texas · Sep 6, 1967

died on September 23, 1964. (2) The note, which bore no evidence of payment on its face, was in the possession of Lupe at the time of his *594 death and came into the possession of plaintiff in its capacity as the duly qualified … It is true, as plaintiff points out, that the evidence relating to the terms of the lease was rather vague, but the evidence clearly establishes that defendant and Lupe negotiated on the assumption that defendant was entitled

San Antonio Light Publishing Co. v. Lewy

52 Tex. Civ. App. 22 · Court of Appeals of Texas · Oct 21, 1908

If comment or criticism of such acts and matters is made and published, and it is libelous, the privilege of immunity from the consequences of the publication is not extended by the statute, unless it be shown such comment … There is no language in the article so limiting and qualifying its meaning as to make it not libelous when taken as a whole. Its meaning is too clear to admit of any doubt upon this point.

Butler, Quincy Deshan

Court of Appeals of Texas · Feb 20, 2015

In accordance to "well established federal law, established by the U.S. … A staTE court decision is considered "contrary to — clearly established federal law" if it "diametrically different, opposite in character or nature or muturally opposed." [WILLIAMS vs.

Burke v. Guilford Mortgage Co.

161 S.W.2d 574 · Court of Appeals of Texas · Apr 3, 1942

Burke, was duly appointed administrator de bonis non and immediately thereafter qualified as such by taking the oath and giving bond as required by law. … App. 132 S.W.2d 429 ); and if that was the extent and weight of the proof offered, clearly it alone would be insufficient to show any authoritative presentment of the claim.

Humble Oil and Refining Co. v. City of Georgetown

428 S.W.2d 405 · Court of Appeals of Texas · May 8, 1968

Evidence clearly established that the greatest danger of fire is presented when gasoline is being transferred from the transport to the underground storage. … To be valid as a legislative exercise of police power the ordinance must be clearly and reasonably related to the end in view.

Sorsby v. State

624 S.W.2d 227 · Court of Appeals of Texas · Jul 30, 1981

The commissioners were appointed pursuant to that statutory authority on September 26, 1876, and qualified for their appointments on October 6, 1876. … The metes and bounds description clearly shows that the tract which is in litigation herein is the tract that was partitioned to Helen Kirby.

Trustees of Cranfills Gap Consol. School Dist. No. 6 of Bosque & Hamilton Counties v. Board of County School Trustees of Bosque County

178 S.W.2d 537 · Court of Appeals of Texas · Feb 10, 1944

A majority of the qualified voters residing within an area described by fieldnotes and embraced within the limits of said County Line District, presented their petition to the Board of County School Trustees of Bos-que County … A careful review of the above referred to acts, passed from time to time by our legislature subsequent to 1911, convinces us that it was the clearly expressed purpose and policy of our legislature to thereby vest, and that

National Carloading Corp. v. Phœnix-El Paso Express, Inc.

178 S.W.2d 133 · Court of Appeals of Texas · Apr 1, 1943

its use shall be unlawful,” (italics curs), and the provisions of Sec. 216(f), 49 U.S.C.A. § 316 (f), requiring the Commission to make retroactive adjustment of divisions of joint rates which it has found to be unjust, clearly … The immunity granted extends specifically to liabilities arising “in connection with the establishment, charging, collection, receipt or payment of rates of freight forwarders, or joint rates or divisions between freight

Wortham v. City of Amarillo

493 S.W.2d 597 · Court of Appeals of Texas · Apr 2, 1973

We agree that if Chief Wortham has no established specified remedy, the remedy of mandamus applies if in fact Chief Wortham has been deprived of, and is clearly entitled to, the *599 right of tenure he asserts. … attributed to a drillmaster before the title was abolished by Ordinance No. 4171, and at all times thereafter, Chief Wortham carried the title of district fire chief, his salary was not affected, other than his being entitled to qualify

North Point Patio Offices Venture v. United Benefit Life Insurance Co.

672 S.W.2d 35 · Court of Appeals of Texas · May 10, 1984

The Restatement states that “promissory restraints” are valid only if “the restraint is qualified so as to permit alienation to some though not all possible alienees”, and if “the restraint is reasonable under the circumstances … within the express provisions of the prohibition established by the Restatement of Property.

Whitehead v. Teague

483 S.W.2d 378 · Court of Appeals of Texas · Jul 13, 1972

Teague, appellee, was appointed administrator of his estate and was the qualified and acting administrator of said estate at all times material herein. … This was clearly and specifically asserted by appellant by her own testimony, exhibits, pleadings, and brief.

Adamson v. Burgle

186 S.W.2d 388 · Court of Appeals of Texas · Feb 21, 1945

Conclusions as to the truth of these charges, if established at all, must be inferred from other facts or circumstances in the case. However, if the premise that Mrs. … Clearly in this instance, laying aside the question of qualification, the evidence as to handwriting was admissible despite the fact that it was directly upon an issue submitted to the jury.

United States Casualty Co. v. Rice

18 S.W.2d 760 · Court of Appeals of Texas · May 15, 1929

The petition clearly alleged the negligence of W. M. … It will appear, from the above abbreviated statement of appellant’s petition, that its allegations are sufficient, if established in court, to show that, at the time Fos *761 ter received Ms injuries,- lie had Ms option to

Atchison, T. & S. F. Ry. Co. v. Saxon

21 S.W.2d 686 · Court of Appeals of Texas · Oct 24, 1929

Appellee, Mack Saxon, duly qualified as the ancillary administrator and personal representative in Texas of the estate of J. W. … Moore, on the part of the appellant railway company must be established. Appellant submits that appellee has not met that burden.

Commercial Standard Ins. Co. v. Noack

45 S.W.2d 798 · Court of Appeals of Texas · Nov 16, 1931

According to the rule established in Texas, this constitutes such an accidental injury as entitles the complainant to compensation, and the facts alleged and proven, bring this case clearly under the Barron Case. … The court qualified the bill by the statement that the policy had been introduced in ^evidence without objection.