Case law

St. Louis Southwestern Railway Co. v. Niblack

53 Tex. Civ. App. 619 · Court of Appeals of Texas · Feb 11, 1909

The physician testified very clearly and fully as to the nature of her injuries, and their effect upon her during the time he treated her. … In her petition she had alleged that her injuries had impaired her capacity to earn money "at her ordinary occupation or any other for which she is qualified, during all the balance of her future life.”

Billingsley v. Southern Pacific Company

400 S.W.2d 789 · Court of Appeals of Texas · Mar 10, 1966

consider and weigh all of the evidence in the case to determine whether there is a sufficiency of evidence to support the findings or whether they are so against the great weight and preponderance of the evidence as to be clearly … Appellant’s counsel qualified the witness as an expert accident investigator.

Latham v. Allison

560 S.W.2d 481 · Court of Appeals of Texas · Dec 8, 1977

Latham is acting within the scope of his responsibilities in an attempt to establish the estate’s claims to certain property. *484 We hold that the mere fact that H. A. … A counterclaim has been defined as: “ ‘[A] claim, which, if established will defeat or qualify a judgment to which the plaintiff is otherwise entitled.

Moore v. Horn

359 S.W.2d 947 · Court of Appeals of Texas · Jun 21, 1962

The well established .rule is that if a judgment is ambiguous, then extrinsic evidence may be introduced to explain the ambiguity. Permian Oil Co. v. Smith, 129 Tex. 413 , 107 S.W.2d 564 , 111 A.L.R. 1152 . … It qualified as an ancient document, and therefore is an exception to the hearsay rule. The recitals that John Westcott bequeathed this land to his son, John H. West-cott, and that Phoebe M.

Reynolds v. Park

521 S.W.2d 300 · Court of Appeals of Texas · Mar 17, 1975

permitted to qualify and act as Independent Executrix of this our will and estate without bond. … Sidney caused the September 18, 1953 joint will to be admitted to probate as her last will and he qualified as independent executor.

Crow v. Burnet Independent School District

304 S.W.2d 439 · Court of Appeals of Texas · Jul 17, 1957

The Court, Justice Alexander writing, pointed out that our statutes gave to the county school superintendent the specific authority to determine, in the first instance, whether an elected trustee is qualified to act and in … The wrongs complained of being clearly within the jurisdiction of the district court, it rightfully granted the writ in the first place, but wrongfully thereafter dismissed the cause.”

State Ex Rel. Delta County Levee Improvement Dist. No. 1 v. Bank of Mineral Wells

251 S.W. 1107 · Court of Appeals of Texas · Apr 21, 1923

among other numerous contentions presented in opposition to the claim asserted by appellant, relied primarily upon these specific ones: (1) That the levee district was never lawfully organized but was brought about and established … Both the statutory and constitutional provisions for the creation of the district, the issuance of the bonds, and the levy and assessment of the tax clearly indicate so much."

Schwing v. Bluebonnet Express, Inc.

470 S.W.2d 133 · Court of Appeals of Texas · Aug 11, 1971

He is a medical doctor specializing in pathology and he, too, is fully qualified as an expert. … It is not the function of an intermediate appellate court to hold unconstitutional such a long established and uniformly followed construction of a statute. Burnett v. City of Houston, 442 S.W.2d 919 (Tex.Civ.App.

Thetford v. Modern Woodmen of America

273 S.W. 666 · Court of Appeals of Texas · Apr 22, 1925

But, if it was, it was clearly hearsay, and not admissible for that purpose. … by a preponderance of evidence, thus clearly indicating that “burden of ’ proof” was not intended in that sense.

Tarrant Appraisal District v. Colonial Country Club

767 S.W.2d 230 · Court of Appeals of Texas · Mar 8, 1989

Colonial’s position may be summed up thusly: the Greenbelt Act is a valid constitutional legislative enactment; Colonial qualifies for appraisal under the Act; even if Colonial does not qualify under the Greenbelt Act, the … Such amenities are clearly incidental to the enjoyment of the recreational area and should not affect its status as such. Points of error ten and eleven are overruled. B.

Bounty Ballroom v. Bain

211 S.W.2d 248 · Court of Appeals of Texas · Mar 29, 1948

It is the general rule, well established in this state as well as other jurisdictions, that public dances and dance halls are proper subjects of regulation under the general police power of the state because of the frequency … They are not restricted in'the matter of choice as to whom 'they shall employ, so long as they are qualified under the ordinance.

Elliott v. Bowden

564 S.W.2d 825 · Court of Appeals of Texas · Mar 31, 1978

At the outset it would appear that Bow-den does not qualify under this statute in that he is relying on F.D.I.C.’s suit, dismissed for lack of jurisdiction, in order to come within the requirements of Article 5539a. … Elliott then requested additional findings of fact and conclusions of law, but none of the requested findings of fact were relevant to the elements necessary to establish estoppel.

Barton v. Wichita River Oil Co.

187 S.W. 1043 · Court of Appeals of Texas · Apr 22, 1916

Such preference or priority is indeed, save for the statute, contrary to well-established principles. … So that we think we must emphasize the proposition that before appellee was entitled to the “first lien,” as asserted by him, it was necessary that he clearly show that he was one of the classes of persons specified in the

Pennant Oil & Gas Co. v. Lightfoot

286 S.W. 249 · Court of Appeals of Texas · May 1, 1926

"The burden of proof is upon the plaintiff to establish by a preponderance of the evidence the dates inquired about in questions Nos. 1 and 2. and the amounts inquired about in questions Nos. 3, 4, 5, 6, and 7. … Appellant further urges that the plaintiff's claim was clearly barred by the two-year statute of limitation.

Sparkman v. Presley Olds-Cadillac, Inc.

616 S.W.2d 264 · Court of Appeals of Texas · Feb 25, 1981

Difference in Market Value The evidence in this case conclusively establishes that plaintiff paid $5,353.25 for the car when she purchased it in August, 1976. … That is, the total price paid by plaintiff for repairs clearly included items unrelated to any breach of warranty or misrepresentation by defendants.

Montgomery v. Burch

11 S.W.2d 545 · Court of Appeals of Texas · Nov 21, 1928

The appellant urges error in that the trial court’s judgment is not based on evidence to establish a contract, express or implied, to pay Burch a salary. … that rule as follows: “An exception to the general rule is recognized where the difference in extent or importance of the services actually rendered by the various partners was clearly not contemplated by them when they

Amberson v. State

552 S.W.3d 321 · Court of Appeals of Texas · May 3, 2018

Amberson further argues that Hernandez was not qualified as an expert, and therefore, he could not rely on the learned treatise exception. … Texas Rule of Evidence 701, which provides, "If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness's perception; and (b) helpful to clearly

Texas & P. Ry. Co. v. Langbehn

158 S.W. 244 · Court of Appeals of Texas · May 29, 1913

It is true that the contract there under discussion was held void and was clearly void on another ground, but the real emphasis is placed upon the first ground referred to. … The testimony of the appellee, Langbehn, establishes this fact beyond controversy, and brings these shipments clearly within the authority of the Sabine Train Co. Case, supra. In the case of Armstrong v. G., H. & S. A.

Gregory v. City of Garland

333 S.W.2d 869 · Court of Appeals of Texas · Dec 18, 1959

the obstruction in its sewer line after notice to it of such obstruction was not negligence. (3) * * * answer of the jury to Special Issue No. 6 was against the great weight and preponderance of the evidence so as to be clearly … The City of Garland apparently chose not to plead the city's immunity in the trial court, nor does it raise the issue on this appeal by counterpoint of otherwise.

Housing Authority of San Antonio v. Newton

235 S.W.2d 197 · Court of Appeals of Texas · Dec 14, 1950

Therefore, we are of the opinion that plaintiff wholly failed to. establish that he was entitled to recover anything by reason of the statements of Mackey. … The evidence shows that the tenants of the defendant had to be re-examined once a year as to their income and family status to determine whether they were qualified to remain as tenants.