Case law

Quanah, A. & P. Ry. Co. v. Cooper

236 S.W. 811 · Court of Appeals of Texas · Dec 21, 1921

The witnesses were permitted to testify as to the idea they had of the matter, but under the well-established rule of law it is not the actual secret intention of the parties, or either of them, which the court is to ascertain … The rules with reference to grammatical» construction and punctuation are clearly stated in 13 C.

Ex parte Barnett

594 S.W.2d 805 · Court of Appeals of Texas · Jan 30, 1980

He attacks the order further on the ground that the motion for contempt fails to identify the support order and fails to allege clearly in what manner he had disobeyed it, and also on the ground that he is unable to pay the … His present wife is qualified as a legal secretary, but is not employed. He has made substantial payments on other obligations, which he appears to regard as more pressing than his obligation to support his child.

Rotge v. Murphy

198 S.W.2d 932 · Court of Appeals of Texas · Nov 6, 1946

The judgment in cause No. 19136 clearly orders the several lots to be sold separately. … Stats., provides for just the kind of a sale that was made here and it was clearly authorized under such section of this statute.

Gibson v. Dickson

178 S.W. 44 · Court of Appeals of Texas · May 29, 1915

The first assignment of error is as follows: “The verdict of the jury is contrary to and not supported by the evidence in this, to wit: That it was clearly established by the great weight and preponderance of the evidence … The qualifying word “natural,” used by the court in submitting the issue in this case, has different meanings.

Biers v. Fort Worth Lloyds

219 S.W.2d 493 · Court of Appeals of Texas · Mar 3, 1949

On the motion for new trial this question was thoroughly threshed-out by the *496 trial court, and, as this court reads the record, it was clearly shown that there was some discussion before the jury had so agreed upon an … In the next place, two reputable physicians, after having been shown to be qualified to testify as experts — Drs. Howard and.

Wootton v. Jones

286 S.W. 680 · Court of Appeals of Texas · May 26, 1926

But we think clearly the recital was competent as an admission against interest, and its exclusion was therefore error. … Clearly there is notice that one of the properties is homestead, and that both are not.

Tarrant County v. Butler

35 Tex. Civ. App. 421 · Court of Appeals of Texas · Apr 9, 1904

, 1900, when was again elected and again qualified as such clerk, continuing to act as such until the election and qualification of a successor in November, 1902. … At least it is not so clearly so as that we feel willing to declare the act unconstitutional on this ground.

State Banking Board v. Airline National Bank

398 S.W.2d 805 · Court of Appeals of Texas · Jan 26, 1966

Elkins as an officer of Northline are established not only by substantial evidence, but by undisputed evidence. … This Article clearly contemplates a situation comparable to the one before us.

Brock v. State

495 S.W.3d 1 · Court of Appeals of Texas · Jan 7, 2016

establish guilt.” … Shortly thereafter, Brock attempted to qualify his statement by stating that he intended to present testimony to Judge Lee.

Barber v. Anderson

127 S.W.2d 358 · Court of Appeals of Texas · Feb 2, 1939

The following objection was made by counsel for appellants: "I object to this line of testimony for the reason that it calls for a conclusion of the witness which he is not qualified to give and it invades the province of … The court continuing says: "Even in states where such evidence is admitted, the rule is usually applied only in those cases where the opinion is closely related to the facts and implies the `statement of a fact clearly in

Steele v. Winningham

128 S.W.2d 454 · Court of Appeals of Texas · May 4, 1939

Applying the above established rules to the allegations of fact contained in the petition of George W. Winningham, we find that such allegations were clearly not sufficient to invoke the jurisdiction of the trial court. … Jones was not eligible for election and qualified to serve as president of Texas Technological College on March 18, 1939, or at any time thereafter.

Breithaupt v. State

321 S.W.2d 361 · Court of Appeals of Texas · Feb 12, 1959

As we understand our decisions, we think our courts have uniformly held that prices paid for property by condemning authority are not admissible to establish market price of the property being condemned, because such sales … Appellee, in discussing the foregoing rule, says: “ * * * Clearly, this language by our Supreme Court, speaking through the adoption of the Commission of Appeals opinion, leaves no doubt that the use of the same improvements

Arnold v. Crockett Independent School District

688 S.W.2d 884 · Court of Appeals of Texas · Feb 21, 1985

, establishing that fraud attended the assessments. … Jake Lyons, a qualified appraiser, testified for Arnold, and the following table compares the values assessed by the District, those found by the trial judge in his findings of fact, and the values established by Lyons’ testimony

In Re Sorenson's Estate

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 Caywood v.

Shoemaker v. State ex rel. Protection of C.L.

493 S.W.3d 710 · Court of Appeals of Texas · May 3, 2016

Second, to the extent his actions might qualify as stalking or harassment under the current version of the Penal Code, they did not qualify at the time he allegedly acted against Clarissa. 1. … Pre-2011 acts were not admissible to establish violations of the harassment statute as it was subsequently amended. However, the evidence was admissible for other limited purposes.

Pure Oil Co. v. Clark

35 S.W.2d 838 · Court of Appeals of Texas · Jan 24, 1931

Nothing in this article shall be held to prohibit the joint appointment of husband and wife,” clearly prohibited the appointments that were made of the said R. … exception to appellant’s plea of purchaser in good faith, to the extent as above set out, the judgment rendered in favor of appellee can only be sustained on the ground that, even though said plea had been heard and fully established

Hamilton v. James A. Cushman Manufacturing Co.

15 Tex. Civ. App. 338 · Court of Appeals of Texas · Feb 4, 1897

After carefully considering this evidence, we are very clearly of the opinion that, under our statute and the decision in the case of Jefferson National Bank v. … Before it was chartered, an establishment had existed, which the witnesses say was a partnership, composed of James A. Cushman, Sr., his wife and children, called the Cushman Machine Works.

Nymon v. Eggert

154 S.W.2d 157 · Court of Appeals of Texas · May 15, 1941

Clearly this is not a suit for the collection of delinquent taxes and the enforcement of liens for the collection of same. The suit in which the judgment in question was entered clearly was such an action. … There is this fundamental' agreement between the majority and the dissenting opinion of the Chief Justice: that an unrighteous judgment in no event should be immune from direct attack.

Dry v. Davidson

115 S.W.2d 689 · Court of Appeals of Texas · Feb 24, 1938

. • The language of the material portion of the Home Rule Amendment, the italics being added here, is this: “Cities having more than five thousand (5000) in^ habitants may, by a majority vote of the qualified voters of said … the Legislature is without power to grant a charter to a city such as Houston, and that therefore it has no power to do indirectly that which it cannot do directly, to wit, pass a law validating the boundaries of the city established

Morris v. Burrows

180 S.W. 1108 · Court of Appeals of Texas · Nov 18, 1915

The facts establish that plaintiffs were the landlords of G. W. Morris, and had a landlord’s lien for their debt, which was for rents and advances to make the crop. … And the receipt given by the warehouseman — in substance a simple receipt in form — was clearly, it is thought, under elementary principles, not a *1113 negotiable receipt.