Case law

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.

Aguilar v. State

658 S.W.2d 802 · Court of Appeals of Texas · Sep 13, 1983

The majority recognizes the well established rule that a wife shall not, except under limited circumstances, testify against her husband. Tex.Code Crim.Proc.Ann. art. 38.11 (Vernon 1979). … The existence of a common-law marriage was clearly raised by the evidence.

Walling v. North Central Texas Municipal Water Authority

359 S.W.2d 546 · Court of Appeals of Texas · Jul 13, 1962

Water Engineers of the State of Texas called an election in the *548 towns of Seymour, Knox City, Munday, Goree, Haskell, Rule and Rochester, Texas, on June 17, 1958, for or against the proposition of whether or not the establishment … Harry and Bros., 63 Tex. 256 , said: “He that claims an act of the legislature to be in conflict with the Constitution must be able to put his finger on the provision of the Constitution in-fracted, and it must clearly appear

Dewitt v. Prudential Insurance Co. of America

717 S.W.2d 414 · Court of Appeals of Texas · Aug 28, 1986

The standard for review is whether the discretion was clearly abused. … To maintain a cause of action under the DTPA, the Dewitts must qualify as consumers as that term is defined in section 17.45(4). Cameron v. Terrell & Garrett, Inc., 618 S.W.2d 535, 538 (Tex.1981).

Taxpayers' Political Action Committee v. City of Houston

596 S.W.2d 147 · Court of Appeals of Texas · Nov 8, 1979

However, the duty of the officer must be one clearly fixed and required by the law, or the writ will not issue. Oney v. Ammerman, 458 S.W.2d 54 (Tex.1970). … It is established that at the time the petition for the tax limitation amendment to the City Charter was presented, it complied with Article 1170, supra, and that the applicable law required the City of Houston to call an

Pitchfork Land and Cattle Company v. King

335 S.W.2d 624 · Court of Appeals of Texas · Apr 25, 1960

Our courts in Texas from a very early day have held the burden is upon the one claiming exemption to establish the independence of the contract of the workman. … He had observed blowing conditions when the wind was at different velocities and we believe his testimony was clearly admissible.

Texas Electric Service Co. v. Nelon

546 S.W.2d 864 · Court of Appeals of Texas · Jan 14, 1977

The case should be remanded for new trial only if the verdict is so contrary to the overwhelming weight of all the evidence as to be clearly wrong or manifestly unjust. In re King’s Estate, supra. … He was undoubtedly qualified. TES-CO made no objection on the ground that he lacked any qualification.

Massie v. Shields

62 S.W.2d 322 · Court of Appeals of Texas · Jun 3, 1933

The notice of said appointment was published, as required by law, and the temporary guardian qualified and filed his bond in the sum of $9,000, with Sam J. Massie, Morgan Weaver, and W. H. … Appellee’s cause of action falling clearly within the period of limitation provided for such action, the equitable plea of stale demand is not available.

McDonald v. Webb

510 S.W.2d 670 · Court of Appeals of Texas · Jun 6, 1974

The excluded testimony was based on hearsay information and defendants did not establish any basis for the introduction thereof as an exception to the hearsay rule. … The findings complained of by defendants in their points 1, 2 and 3 are not against the overwhelming weight and preponderance of the evidence as to be clearly wrong.

Crocker v. Gulf Insurance Co.

524 S.W.2d 566 · Court of Appeals of Texas · Jun 17, 1975

Numerous insurance policy definitions of the term “automobile” have had consideration but the reported cases are helpful mainly in establishing that, standing alone, the term “automobile” does not include a motorcycle and … The one sentence convoluted definition of “automobile” clearly expands the scope of the term and leaves no doubt but that the term is given a broader meaning in the policy than is ordinarily accorded it in common usage.

Valerio v. Tobin

298 S.W.2d 873 · Court of Appeals of Texas · Jan 30, 1957

“If the judgment had been entered after a trial on the merits, respondent’s position would clearly be sound. But there has been no trial on the merits. … “The court clearly erred in entering judgment on the merits at the conclusion of the hearing on the temporary injunction.

Turner v. State

715 S.W.2d 847 · Court of Appeals of Texas · Aug 28, 1986

It is well-established that our inquiry into the admissibility of evidence requires that we compare probative value to potential prejudice. … This is critical to establish the necessary relationship between the extraneous offense and the crime for which appellant stands charged.

Liberty Mutual Insurance Co. v. Montana

49 S.W.3d 599 · Court of Appeals of Texas · Jun 14, 2001

A jury found that Montana was unable to work during the qualifying periods for the sixth and seventh compensable quarters. … The related labor and administrative code provisions indicate that the employee's entitlement to SIBs must be established on a quarterly basis. See Tex.

National Mut. Ben. Ass'n v. Aaron

45 S.W.2d 371 · Court of Appeals of Texas · Dec 9, 1931

insurance throughout the entire state, as appellant was shown to be doing, whether with or without capital stock, and on whatever plan; and, unless the insurer brings itself under some other provision of title 78, granting it immunity … In view of the established rules that the law abhors a forfeiture, and will seize upon slight circumstances as evidence of an intention to forego such forfeiture, we think there was ample evidence in this ease to sustain

Walker v. State

14 Tex. Ct. App. 609 · Court of Appeals of Texas · Oct 27, 1883

He fully qualified himself to testify in that capacity. We are clearly of the opinion that the court committed no error in admitting the evidence objected to by the defendant. 3. … Because, in our opinion, the evidence does not identify the body of the alleged murdered man, and does not establish clearly his death, the judgment is reversed and the cause remanded.

Miller v. Cretien

488 S.W.2d 893 · Court of Appeals of Texas · Dec 8, 1972

The plat and dedication here involved qualifies as and was admissible into evidence as an ancient instrument, a document that has been in existence for at least thirty years. 23 Tex.Jur.2d, “Evidence,” § 276 et seq. … Melton, 158 Tex. 61 , 308 S.W.2d 18 (1957) the Supreme Court of Texas held that, “The validity of an ordinance is presumed and before the courts can interfere with its operations, the ordinance must clearly appear to be arbitrary

In re Williams

378 S.W.3d 503 · Court of Appeals of Texas · Aug 9, 2012

A trial court abuses its discretion if it clearly fails to analyze the law correctly or apply the law to the facts. In re Cerberus Capital Mgmt., 164 S.W.3d 379, 382 (Tex. 2005). … If Williams is correct that the underlying judgment is void, then he need not show that he lacks an adequate appellate remedy to qualify for mandamus relief.

Fairmont Creamery Co. v. Minter

274 S.W. 281 · Court of Appeals of Texas · Jun 17, 1925

This proposition, generally speaking, and in a qualified sense, is true. … Minter, but that did not prevent the proof to establish the fact that he was holding it in trust for his wife.

Hagood v. Hagood

186 S.W. 220 · Court of Appeals of Texas · Mar 25, 1916

Hagood, who qualified as executor thereunder; and that the said R. B. Hagood had gone into possession of all the property and estate left by the said R. L. … Hagood, clearly evidenced" an intention to devise and bequeath the whole of his estate to his said two brothers, to the exclusion of every one (although he was aware of the existence of his brother R. K.