Case law

Goodie Goodie Sandwich, Inc. v. State

138 S.W.2d 906 · Court of Appeals of Texas · Mar 2, 1940

In 1933, under provisions of our State Constitution (Sec. 20, Art. 16), see Laws 1933, p. 971, Vernon’s Ann.St., a majority of the qualified voters of the Precinct determined by vote that only the sale of beer containing … In 1938, the Commissioners’ Court entered an order amending, changing,' fixing and establishing the boundary lines of' Justice Precinct No. 1 and Justice Precinct No. 7, with reference to the Trinity River, so intended to

Colella v. State

860 S.W.2d 618 · Court of Appeals of Texas · Jul 29, 1993

Wilson was given immunity in exchange for his testimony against the Colellas. … The indictment also charged them with murder for having the intent to cause serious bodily injury to Michael Lavesphere and David Ray Taylor and committing acts clearly dangerous to human life, that is, shooting the victims

Stogner v. Laird

145 S.W. 644 · Court of Appeals of Texas · Feb 24, 1912

The lines were very clearly drawn after that meeting. … W. 85 , relied on by appellants as authority to sustain them in their prosecution of this action; and therefore that case is clearly distinguishable in the facts from, the case at bar.

Lewis v. San Antonio Belt & Terminal Ry. Co.

208 S.W. 552 · Court of Appeals of Texas · Jan 15, 1919

They could not claim any rights or immunities attaching to innocent purchasers. Article 1104, Rev. … Douglas, herein cited,,lays down that doctrine clearly and forcibly, and the propriety of it has never been questioned, for even in the case of Grace v.

Pontello v. Quartz & Dugas, Inc.

534 S.W.2d 386 · Court of Appeals of Texas · Feb 12, 1976

The plaintiff contends that certain jury answers failing to find the defendant guilty of negligence are so contrary to the great weight and preponderance of the evidence as to be clearly wrong. We affirm. … The testimony establishes that the improper tightening of the lug bolts might result in their being sheered off.

Sims v. State

643 S.W.2d 465 · Court of Appeals of Texas · Oct 20, 1982

Having probable cause to arrest appellant, the factual situation confronting the arresting officer clearly established that exigent circumstances existed requiring the officer to proceed with the arrest without a warrant. … It is interesting to observe that Judge Roberts also stated that [wjhere the jury may be called upon to assess punishment, both the State and the defendant have a right to qualify the jury on the full range of punishment.

Estate of Bourland v. Hanes

474 S.W.2d 592 · Court of Appeals of Texas · Nov 11, 1971

It was also alleged that the applicant had already qualified as executor of the will in the probate proceedings in Alabama. … Bourland moved to Mc-Allen, Texas, in the late 1930’s and established a home there, which she owned at the time of her death.

Salgo v. Hoffman

521 S.W.2d 922 · Court of Appeals of Texas · Feb 25, 1975

He argues that the current status of the litigation is intolerable in that he has established the right of the three-man board to control the affairs of the corporation until their successors are elected and qualified, and … are elected and qualified on proper completion of the election which began on November 8, 1972, and that denial of the relief now sought would extend the control of the usurping board.

City of Houston v. Adams

269 S.W.2d 572 · Court of Appeals of Texas · May 20, 1954

Adams would be entitled to it, namely, that if the City fails to establish that it owns the land which in the alternative it seeks to condemn. … Adams is not a qualified or a conditional offer. If she is found by the court to own the land, she is secured.

Barnes, Jassen

Court of Appeals of Texas · Jan 16, 2015

Smiley was given full immunity in exchange for her testimony. (R.R. v. 3, p. 120) Ms. … - 3 -04-13-00346-CR After receiving immunity from prosecution, the jury also heard testimony from Brittney Smiley.

Oliver v. Smith

187 S.W. 528 · Court of Appeals of Texas · Jun 7, 1916

said school districts under the law; that on August 28, 1915, the county school trustees, without notice to the inhabitants of, or the president of, District No. 10, and without any petition signed by a majority of legally qualified … This order was copied in the answer, and it appears therefrom that the change was to be made “on certain defined lines,” and the county surveyor was ordered to prepare the field notes clearly defining the changes and giving

State v. McMahon

528 S.W.2d 881 · Court of Appeals of Texas · Oct 8, 1975

We conclude that the testimony as to the second sale was not admissible because it clearly involved improved property with several buildings including a residence, and the property being condemned contained only a water well … McMahon was not qualified to express an opinion as to market value.

In Re Transwestern Publishing Co.

96 S.W.3d 501 · Court of Appeals of Texas · Oct 30, 2002

A trial court clearly abuses its discretion when it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error *504 of law. Walker v. … a mental examination by a qualified psychologist; or *505 (2) produce for such examination a person in the other party’s custody, conservatorship or legal control.

in Re Navistar, Inc.

501 S.W.3d 136 · Court of Appeals of Texas · Jul 6, 2016

A trial court abuses its discretion if it reaches a decision that is so arbitrary and unreasonable that it amounts to a clear and prejudicial error of law or if it clearly fails to correctly analyze or apply the law. … Co. of Pittsburgh, Penn., 772 S.W.2d 72, 75 (Tex. 1989) (stating that if a discovery hearing is held, the objecting party must assume the burden of establishing its privilege, immunity or other objection to the discovery

Page v. Pan American Petroleum Corporation

412 S.W.2d 797 · Court of Appeals of Texas · Feb 7, 1967

Joseph William qualified as administrator of his mother’s estate and guardian of the estate of his minor brother, Samuel Harrison Page, in 1833. … The evidence is clearly sufficient to sustain a finding of fact of an unrecorded conveyance from Samuel Harrison Page to either John Sweeny, Thomas Sweeny, or Sophia McGrew. Masterson v.

Manges v. Freer Independent School District

653 S.W.2d 553 · Court of Appeals of Texas · Apr 20, 1983

The History of Freer Independent School District On August 14, 1976, the qualified voters residing within the incorporated limits of the City of Freer, Texas, voted to establish a municipal school district 1 pursuant to Tex.Educ.Code … Having established a prima facie case, and after offering some testimony as to attorney fees, appellees rested.

Western Union Telegraph Co. v. Hicks

47 S.W.2d 466 · Court of Appeals of Texas · Feb 24, 1932

The evidence merely established this rule or custom as pleaded by both parties, and it was further established that the agent at Georgetown negligently failed to deliver the message and negligently failed to send the customary … The bill of exception presenting the question was qualified by the trial judge as follows: "The testimony in this case showed that the plaintiff, J. H.

Coleman v. Railroad Commission

445 S.W.2d 790 · Court of Appeals of Texas · Aug 26, 1969

It must be an interpretation which expresses only the will of the makers of the law, not forced nor strained, but simply such as the words of the law in their plain sense fairly sanction and will clearly sustain.’” … Tranbarger, 238 U.S. 67 , 35 S.Ct. 678 , 59 L.Ed. 1204 , that “ * * * no person has a vested right in any general law or policy of legislation entitling him to insist that it will remain unchanged for his benefit. * * * so an immunity

Texas Employers Ins. Ass'n v. Arnold

105 S.W.2d 686 · Court of Appeals of Texas · Apr 3, 1937

On the other hand, appellee alleged total and permanent incapacity as his primary case and, only in the event that he should fail to establish, to the satisfaction of the jury, such total and permanent incapacity, did his … Appellee’s pleading of partial incapacity was an alternative pleading, to be considered only in the event of his failure to establish total and permanent incapacity to the satisfaction of the jury.

Board of Medical Examiners v. Taylor

56 Tex. Civ. App. 291 · Court of Appeals of Texas · Jun 3, 1909

Even if this fact does not clearly appear from the certificate, which we think it does, still the fact of the certificate’s being given at all by the board would require us to indulge the legal presumption that the official … Zindel and find her qualified to practice ... as required by the laws of the State of Texas,” would signify and mean, and there is necessarily involved in the language the intention on the part of the board to declare that