Case law

Opinions from 1658 to today.

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  • Gray, Ritter & Graham, PC Wolf Haldenstein Adler Freeman & Herz, LLC Neblett Beard & Arsenault, LLP Don M. Downing And Adam J. Levitt v. Goldman Phipps PLLC F/K/A Goldman Pennebaker & Phipps, PC Mikal C. Watts, PC And Murray Law Firm

    511 S.W.3d 639 · Court of Appeals of Texas · Oct 8, 2015

    did not consent to the forum-selection clause in the documents establishing the qualified settlement fund. … establish minimum contacts with a state.”

    Cited 10 timesPublished
  • Reaves v. Brooks

    430 S.W.2d 926 · Court of Appeals of Texas · Jun 17, 1968

    There clearly is not any probative evidence to establish any alleged crime or trespass as an exception under Art. 1995. … Ours is clearly a 9a case for the reasons heretofore stated.

    Cited 3 timesPublished
  • Texas National Bank v. Karnes

    711 S.W.2d 389 · Court of Appeals of Texas · May 22, 1986

    The Carter case is clearly distinguishable. There, the lumber company told the purchaser, Mrs. Regina M. Saide, that it had declared a forfeiture for failure to meet monthly payments. … McCuistion definitely qualified as a banking expert. He examined Plaintiffs’ Exhibit No. 1, which„ was a type of promissory *395 note used in current banking.

    Reversed in part by Texas National Bank v. Karnes, 30 Tex. Sup. Ct. J. 30 (1986)Cited 5 timesPublished
  • Ex parte Shires

    508 S.W.3d 856 · Court of Appeals of Texas · Dec 29, 2016

    In England, a defendant who qualified for bail was “almost invariably” released by the sheriff, both for the sake of the accused, but also to avoid the “costly and troublesome” nature of imprisoning the accused. … I believe that we should set out clearly what is required of the State, of the defense, and of the trial court.

    Cited 20 timesPublished
  • Hospital Consultants, Inc. v. Potyka

    531 S.W.2d 657 · Court of Appeals of Texas · Nov 26, 1975

    The evidence clearly establishes that plaintiffs performed their duties only on the premises of Baptist, that is, on the customer’s premises. … However, the evidence does not establish that the circumstances were such as to establish any sort of rapport between the emergency room physicians and Baptist’s administrator or board of trustees.

    Cited 24 timesPublished
  • Lemus v. Aguilar

    491 S.W.3d 51 · Court of Appeals of Texas · Mar 16, 2016

    Because the “March 11, 2005 Will” was not attested to by. two witnesses, we look to whether the document qualifies as a holographic will. … Frito-Lay, Inc., 784 S.W.2d 667, 668 (Tex.1990)) (concluding party seeking reimbursement bore burden to establish all elements on the claim).

    Cited 14 timesPublished
  • Western Union Telegraph Co. v. Coker

    202 S.W.2d 710 · Court of Appeals of Texas · Feb 14, 1947

    “Once the witness is determined by the judge to be qualified to speak, the belief of the jury in his utterances rests solely with themselves.” Wig-more, Evidence, Third Ed., sec. 1010. … .; the burden of an injured employee being limited generally to establishment of negligence on part of such employer and resulting damages.

    Cited 1 timesPublished
  • State v. Memorial Benevolent Society of Texas

    384 S.W.2d 776 · Court of Appeals of Texas · Nov 25, 1964

    The mere fact that appellee has made donations to certain cemeteries or churches found by the liquidator to be in the neighborhood of $300 will not in itself qualify it as a charitable organization. … on appeal unless it clearly appears from the record that there' has been an abuse of discretion.

    Cited 4 timesPublished
  • Williams v. State

    800 S.W.2d 364 · Court of Appeals of Texas · Nov 28, 1990

    However, the trial court excluded Ridge’s testimony because appellant failed to demonstrate corroborating circumstances clearly indicating the trustworthiness of the statement as required by the last sentence of TEX.R. … Tayem’s testimony did not qualify as a dying declaration exception to the rule against hearsay and the admission of such testimony was error.

    Cited 14 timesPublished
  • City of Wichita Falls v. Roberson

    283 S.W. 870 · Court of Appeals of Texas · Mar 6, 1926

    Indeed, our discussion of the ordinance at large has been with the view only of indicating our view that the appellee’s petition and the facts proven on the trial do not clearly show that the ordinance under consideration … He charged that the ordinance was discriminatory and violat> ed the Constitution, in that it took, damaged, and destroyed his property, and deprived him of such property, privileges, and immunities without due process of

    Cited 1 timesPublished
  • Harrison v. State

    713 S.W.2d 760 · Court of Appeals of Texas · Jul 3, 1986

    Not only has the legislature clearly defined and separated criminal offenses; it has also made known, directly and indirectly, its intent insofar as multiple prosecutions are concerned. … Likewise, he argues an insurance company cannot qualify as a victim. In Bruni v.

    Cited 17 timesPublished
  • Rossi v. Rossi

    448 S.W.2d 162 · Court of Appeals of Texas · Nov 5, 1969

    Rossi was appointed and qualified as Independent Executrix of the estate of Elmore A. Rossi. “6. That at the time of death of the Testator, Elmore A. Rossi, Rene Rossi had been dead for 3½ years. “7. … intention of the testator by providing a disposition of a legacy in circumstances where the testator’s failure to provide a disposition could be regarded as an oversight on his part * * * The statute was not intended either to establish

    Cited 4 timesPublished
  • Deason v. Rogers

    499 S.W.2d 14 · Court of Appeals of Texas · Aug 31, 1973

    Deason, qualified as independent executor and received the benefits left to him by the will. Later, on December 20, 1951, B. F. … stated: “One of the primary and settled rules of construction is that words in common use, when contained in a statute, will be read according to their natural, ordinary, and popular meaning, unless a contrary intention is clearly

    Cited 0 timesPublished
  • Tarwater v. Donley County State Bank

    277 S.W. 176 · Court of Appeals of Texas · Nov 4, 1925

    Wofford shown to be qualified as a witness to testify as to the genuiness of the signatures. … In proving signatures by cbmparison of handwriting, any other signatures admitted to be genuine or clearly shown to have been written by the party may be admitted for the purpose of comparison by the jury,, provided they

    Cited 10 timesPublished
  • American Cotton Co-Op. Ass'n v. Plainview Compress & Warehouse Co.

    114 S.W.2d 689 · Court of Appeals of Texas · Feb 14, 1938

    The testimony of Covington and the agreement of counsel clearly refer to authority of the Panhandle Compress & Warehouse Company and not to that of the Plainview Compress & Warehouse Company. … The trial court qualified the bills of exception to the effect that the objections other than the one first above mentioned were not presented until the motion for a new trial was filed.

    Cited 3 timesPublished
  • Dale v. Stevens

    75 S.W.2d 129 · Court of Appeals of Texas · Sep 26, 1934

    W. 508, 509 , to the effect that, “in order to hold that the error does not require a reversal of the judgment, it ought clearly to appear that no injury could have resulted from the Admission of the evidence.” … These holdings are well established, but have no bearing upon the question at issue. Dale contends, and Stevens concedes, that the judgment is- excessive in not allowing an admitted interest payment.

    Cited 1 timesPublished
  • Ottjes v. Littlejohn

    285 S.W.2d 243 · Court of Appeals of Texas · Nov 3, 1955

    Plaintiff,. who is deceased’s brother, qualified as ' administrator of his estate- and instituted this suit to recover the amount of the deposit for the estate. . Mrs. … Lit-tlejohn established the joint account not to make a gift to Mrs. Ottjes, but only to facilitate Mrs.

    Cited 12 timesPublished
  • Reyes, Orlando AKA Reyes, Orlando Martinez

    Court of Appeals of Texas · May 15, 2015

    The State claims that Adam Rivera was in Jail at the time of the assualt, but no definitive date was ever established as to when the assualt happened. see: Cross-examination of Monica Soliz (RR. v. 3,pp. 184) Q. … This was credible, qualified medical testimony that would have controverted Elizabeth Williams testimony and the State's ' version of the facts.

    Cited 0 timesPublished
  • Stappers v. State

    410 S.W.2d 470 · Court of Appeals of Texas · Dec 12, 1966

    Due process requires that the landowner be given an opportunity to establish his damages, but his is not required to do so. … All this testimony and the proceedings relative thereto, clearly, did not relate to general benefits.

    Cited 2 timesPublished
  • Brigman v. Holt & Bowers

    32 S.W.2d 220 · Court of Appeals of Texas · Oct 8, 1930

    The plaintiffs’ pleadings clearly and definitely declared that the relation which existed was that of masters and servant, and seek to recover only in the event Brigman was a servant. … It is not clear that the witness qualified as an expert, but, if we admit that he did, the proposition itself is a mere abstraction and not entitled to consideration.

    Cited 15 timesPublished

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