Case law

Jones v. State

814 S.W.2d 801 · Court of Appeals of Texas · Jul 25, 1991

As the owner of the mullions, Frazee was qualified to testify as to their value, be it replacement value or market value. … At trial, Oudekerk testified that he clearly saw appellant stealing the mullions from the job site. Frazee also identified appellant as one of the men he saw loading aluminum mullions onto a truck at the job site.

Haile v. Holtzclaw

400 S.W.2d 603 · Court of Appeals of Texas · Jan 31, 1966

Haile will was *608 offered for probate on January 4, 1949 and Irene Haile duly qualified as Independent Executrix under the will. … Appellee’s statement was based upon a qualified question.

Irvin v. Smith

497 S.W.2d 796 · Court of Appeals of Texas · Jun 14, 1973

These statements certainly do not conclusively establish that Rosa Keys’ signature is a forgery. … Clearly this deed does not violate this rule. Intervenor’s (appellant’s) first point of error is sustained and this cause is remanded to the district court for trial. Reversed and remanded.

City of Greenville v. Pratt

214 S.W.2d 179 · Court of Appeals of Texas · Jul 30, 1948

and has a modern, up to date, clean and sanitary plant in the City of Sulphur Springs and all the animals slaughtered by him are inspected by the city inspector of the City of Sulphur Springs, who is a duly capable and qualified … primarily to determine whether the standard of inspection of the City of Fort Worth is equal to the standard maintained by the United States Department of Agriculture, and if it is found to be such standard, then it is clearly

In re M.M.L.

241 S.W.3d 546 · Court of Appeals of Texas · Jul 31, 2006

She is qualified and she is available.” (emphasis added). M.V. was then excused from the witness stand and other matters were taken up. … Delawater’s admission that she was not qualified to make a diagnosis of M.V. was in direct response to a question by appellant as to whether she was qualified to make a diagnosis under the provisions of the Texas Occupation

Molina v. State

754 S.W.2d 468 · Court of Appeals of Texas · Jul 13, 1988

However, the record reflects that six jurors were qualified before Gembler’s name was reached. … The instant case is clearly distinguishable. Appellant’s seventh point of error is overruled.

Chanowsky v. Friedman

205 S.W.2d 641 · Court of Appeals of Texas · Oct 17, 1947

Adolph Chanowsky qualified as-independent executor, and is now acting as such. … But the distinction between the two kinds of cases and the differences in the rules applicable, are clearly set out in such cases' as Moody v.

Fort Worth Gas Co. v. Latex Oil & Gas Co.

299 S.W. 705 · Court of Appeals of Texas · Jul 9, 1927

The provision of paying 3 per cent, gross earning tax is clearly a condition subsequent, and it seems to be settled by the law that no one can take advantage of the nonperformance of a condition subsequent annexed to an estate … The charter of the Magnolia Petroleum Company and article 1497, hereinbefore quoted, in terms clearly confers the right upon the appellee company to lay its pipe lines along and under any street or alley of the city under

Elder v. Miller

116 S.W.2d 1171 · Court of Appeals of Texas · Apr 28, 1938

The testimony showed that said' Trip Elder. had resided in Gregg county; that he was dead and that appellant, who also resided in said county, had qualified as community survivor therein. … It is difficult to see why such a suit brought by the grantor or vendor comes any more clearly within the statute than a suit, like the present one, brought by the grantee.

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.

Humble Oil & Refining Co. v. Woods

277 S.W. 152 · Court of Appeals of Texas · Jun 20, 1925

In view of the manner in which the case was developed by the introduction of testimony by both parties anent marked value, showing clearly that the inquiry in reference thereto was not confined to any particular place nor … of assigning in whole or in part is expressly allowed,” while not in fact.enlarging the power and authority of the lessee to part with the estate secured by the mineral lease, either by barter, sale, or exchange, yet it clearly

Parker v. Carnahan

772 S.W.2d 151 · Court of Appeals of Texas · Apr 11, 1989

A summary judgment will be denied unless the movants clearly establish their right to it as a matter of law. … This is clearly negated by the circumstances set forth in the summary judgment evidence.

N.P., Inc./Turboff v. Turboff

54 S.W.3d 886 · Court of Appeals of Texas · Aug 30, 2001

Further, the warranty deed to N.P. clearly reserved the reimbursement rights. … third party may recover on a contract only if its parties intended to secure some benefit to that third party, and only if the contracting parties entered into the contract directly for the third party’s benefit. 12 To qualify

Slayter v. Home Indemnity Co.

426 S.W.2d 632 · Court of Appeals of Texas · Mar 13, 1968

The statute shows by its provisions to have been enacted for the purpose of establishing a procedure under which, in proper circumstances, an injured employee may be required to submit to curative surgical procedures or suffer … It has been clearly resolved that a party must object to evidence as it is presented before a judgment will be reversed for overruling a motion in limine. The judgment of the trial court is affirmed. Affirmed.

Stedman Fruit Co. v. Smith

28 S.W.2d 622 · Court of Appeals of Texas · May 8, 1930

Of course, the issue was not irrelevant but was clearly relevant under the pleadings and evidence. … Smith objected to in this connection was clearly admissible under her pleading, and overrule that contention.

Texas & N. O. Ry. Co. v. New

95 S.W.2d 170 · Court of Appeals of Texas · May 21, 1936

It is elementary that it is not essential to prove every allegation, if sufficient allegations are proved to establish a case. … Conduct may often convey as clearly as words a promise or an assent to a proposed promise.”

Pack v. Crossroads, Inc.

53 S.W.3d 492 · Court of Appeals of Texas · Sep 20, 2001

General experience in a specialized field does not qualify a witness as an expert. … “What is required is that the offering party establish that the expert has ‘knowledge, skill, experience, training, or education’ regarding the specific issue before the court which would qualify the expert to give an opinion

Strickland Transportation Co. v. Ingram

403 S.W.2d 192 · Court of Appeals of Texas · Apr 26, 1966

Of course there are exceptions to this general rule, as well established as the rule itself, but enumeration of such exceptions will serve no purpose at this point. … The qualifying factor in Hawkins Ingram’s testimony that he later learned, that is, learned after the collision occurred, that Strickland Transportation Company, Inc., owned the truck at the time of collision confines the

City of San Antonio v. Guadalupe-Blanco River Authority

191 S.W.2d 118 · Court of Appeals of Texas · Nov 29, 1945

ordinance under which it was signed; (2) adjudging the invalidity of the assignment of the purported contract of sale and lease and the ordinance under which the City joined in the execution of the instrument of assignment; (3) establishing … They contend that the Comal, plant was not purchased as a part of the municipal plant, and that the lease contract with the option to buy clearly indicated that the Comal plant was never a part of the properties purchased

Missouri, Kansas & Texas Railway Co. v. Cherry

44 Tex. Civ. App. 232 · Court of Appeals of Texas · Nov 17, 1906

Whatever may, then, legitimately tend to show the character and extent of such pain or anguish is clearly admissible. … A bill of exceptions was reserved, which the court qualifies by stating "that during the progress of the trial Herbert Ardrey, one of the assistant county attorneys, came into the court room and approached the court and stated