Case law

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.

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.

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

Awalt v. Beeville Independent School Dist.

226 S.W.2d 913 · Court of Appeals of Texas · Dec 28, 1949

The present case is clearly distinguishable from Countz v. … district under the provisions of the existing laws, * * On the contrary, said orders provide, “That a Rural High School District, to be known as Beeville Independent School District be, and the same is hereby formed and established

Garza v. C-G-R, Inc.

523 S.W.2d 59 · Court of Appeals of Texas · Mar 19, 1975

Garza died on November 11, 1972, and his widow qualified as independent executrix. Andrew J. … The Agreement of the parties clearly contemplated that this value would be determined in this matter by the corporation's CPA, that is, by Beaver.

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.

Associates Development Corp. v. W. F. & J. F. Barnes, Inc.

614 S.W.2d 876 · Court of Appeals of Texas · Mar 26, 1981

Although Nottingham testified that Chesley never actually agreed individually to guarantee or pay the debt, Plaintiff-Appellee Barnes contends that his testimony clearly shows that Chesley made representations regarding the … They further claim that Barnes totally failed to establish the facts necessary to prove this exception to the hearsay rule.

Burns v. Goodrich

382 S.W.2d 501 · Court of Appeals of Texas · Sep 24, 1964

The cause of action which Appellants assert limitation against is the action to establish a lost Deed. … This is in effect, a partial or qualified disclaimer of such a nature as to put Plaintiff to proof of their title and right of possession.

Burton v. Rogers

492 S.W.2d 695 · Court of Appeals of Texas · Apr 4, 1973

Such unlawful and ultra vires acts are not entitled to protection under the doctrine of sovereign immunity. The rule was forcefully applied by the United States Supreme Court in United States v. … established.”

Texas Employers Insurance Ass'n v. Bewley

560 S.W.2d 147 · Court of Appeals of Texas · Dec 1, 1977

Where the contract between the parties fails to establish the status of the workmen, an employee-employer relationship may be established circumstantially by evidence of actual exercise of control. … By submitting Special Issue No. 11, the plaintiff clearly elected to prove compensation under Section 1(1) of Art. 8309, supra.

Salazar v. State

131 S.W.3d 210 · Court of Appeals of Texas · Jan 29, 2004

A person’s intent to commit an offense generally must be established by circumstantial evidence and may be inferred from the person’s acts, words, and conduct. Hernandez v. … This general rule, however, is qualified by any overriding constitutional or statutory prohibitions. Cuellar, 613 S.W.2d at 495 ; see also Cisneros, 692 S.W.2d at 83 .

City of Fort Worth v. Davidsaver

320 S.W.3d 467 · Court of Appeals of Texas · Jul 29, 2010

full authority and jurisdiction” over a suit on the Agreement, it does not operate to grant the trial court jurisdiction over Officer Davidsaver’s cause of action in this case because the plain language of section 143.307 clearly … The parties do not dispute that Fort Worth qualifies. See U.S. Census Bureau, U.S.

Transport Insurance Company v. Kennon

485 S.W.2d 598 · Court of Appeals of Texas · Sep 21, 1972

English certified him as “qualified when not wearing glasses.” … We have concluded that the jury findings complained of are not clearly wrong or manifestly unjust. The points are overruled.

Lapsley v. State

405 S.W.2d 406 · Court of Appeals of Texas · Jul 5, 1966

Before a judgment may be reversed for jury misconduct it must be established (1) that misconduct occurred and (2) that on review of the record as a whole it appears that injury probably occurred to the complaining party. … Such concession respecting the recapitulation sheets seems inescapable as the sheets clearly appear to come within the provisions of Rule 167 3 granting documents of such nature immunity from discovery.

San Antonio Public Service Co. v. Murray

59 S.W.2d 851 · Court of Appeals of Texas · Apr 26, 1933

The objection' was to the ordinance as a whole, and clearly the provision that the rate of speed should not exceed “ten miles an hour” was not vague and indefinite. … While the witness said that the street car was apparently “traveling a little bit fast”, he immediately qualified that by fixing the rate of speed at eighteen miles an hour.

Pan-Am Foods, Inc. v. Perez

386 S.W.2d 316 · Court of Appeals of Texas · Dec 31, 1964

The assignment of no evidence points requires the Court of Civil Appeals to be governed by the well established rule that if an issue of fact is raised by the evidence it must go to the jury even though the verdict that is … There is little doubt that the appellee qualified himself as an expert on okra and as such, he can give his opinion as to the probable yield, the value of the crop and such other relevant matters, where he has qualified himself

Flores v. Missouri-Kansas-Texas Railroad Company

365 S.W.2d 379 · Court of Appeals of Texas · Feb 21, 1963

Appellants, in their only point on appeal, earnestly contend that the admission of this testimony from Baker requires reversal of the judgment because (1) such testimony clearly invaded the province of the jury on the very … It is well established that a witness, even an expert, cannot testify as to his opinion of ultimate negligence or the actual cause of a calamity. Chuppe v.

Predator Downhole Inc. and Nancy Vermeulen v. Flotek Industries, Inc.

504 S.W.3d 394 · Court of Appeals of Texas · Aug 18, 2016

And Flotek has not 24 established that Predator’s sales of parts or services in the state give rise to general jurisdiction; indeed, it has established only that various documents … Indeed, Flotek has not clearly stated what any of its claims against Predator or Nancy have to do with Texas.

Calvert v. Kattar

301 S.W.2d 318 · Court of Appeals of Texas · Apr 10, 1957

Vivian Smith Roberts died while this suit was pending, Myrtle Kattar duly qualified as independent executrix and was substituted,as plaintiff. … The finding by the trial court that the value of the stock was $63 per share is well within the values of said stock as testified to by the witnesses. *322 In appellants’ brief they say that: “ * ⅜ * the trial court clearly

United Parcel Service, Inc. v. Rankin

468 S.W.3d 609 · Court of Appeals of Texas · Jun 3, 2015

-Fort Worth 2012, no pet.), for the proposition that “[w]hen facts are undisputed or conclusively established, there is no need to submit those issues to the jury.” … For example, Rankin argues that under UPS’s interpretation, homes on extremely large acreage could conceivably qualify as residence districts.