Case law

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

Echols v. Professional Financial Associates, Inc.

607 S.W.2d 292 · Court of Appeals of Texas · Oct 14, 1980

Echols was executed on June 6,1969; 2) the renewal notes were issued on June 6,1972, and June 6,1973; 3) appellant *294 accepted interest payments continually from June 6, 1973; 4) the note’s promise to pay is qualified by … No definite period for such an extension was suggested or established.

Chesser v. Murphy

386 S.W.2d 164 · Court of Appeals of Texas · Jan 14, 1965

Nor do we agree that the 1962 amendment or the 1963 amendments to such statutes deprived appellant of her substantive right of immunity from personal liability under the facts of this case. … This clearly indicates that appellant has not waived the right under Rule 90, T.R.C.P., to assert at this time the insufficiency of appellees’ petition to support a default judgment against her personally.

Peter Salpeter Energy Co., Inc. v. Crystal Oil Co.

524 S.W.2d 383 · Court of Appeals of Texas · May 22, 1975

The evidence showed that Richards was experienced in buying and selling used oil well drilling *386 equipment in the South Texas area and was qualified as an expert and capable of giving his opinion as to the market value … If such exception is to be applicable, it must be clearly shown that the casing has no market value in San Patricio County and that the nearest place at which there was a market value was in Alice, Texas.

Posey v. Posey

386 S.W.2d 884 · Court of Appeals of Texas · Jan 22, 1965

However, this attorney never qualified as a receiver and never undertook to perform any of the duties directed to be performed. … We 'have already pointed out the failure under ■the bill of exceptions to establish that the inventory and appraisement was incorrect.

Parker County v. Spindletop Oil & Gas Co.

612 S.W.2d 944 · Court of Appeals of Texas · Feb 12, 1981

Costs may be assessed against political subdivisions of this state, and it is well established that government subdivisions are not immune from the general application of the rule that court costs should be assessed against … Judicial review of taxation, however, is well established. Furthermore, the injunction and judgment are consistent with the Constitution and. statutes of this state. Tex.Const. art.

Burnham v. Hardy Oil Co.

147 S.W. 330 · Court of Appeals of Texas · Apr 10, 1912

Although the judgment rests upon the trial judge's view that defendants had established their plea of five years' limitations, appellee is contending further that the verdict was correct also upon another ground, which we … Therefore its claim of immunity must depend on the principle, announced in the main opinion, that the Hardy Oil Company, as a cotenant, had the right to explore for and market the oil produced on this land.

Conley v. Daughters of the Republic of Texas

151 S.W. 877 · Court of Appeals of Texas · Nov 13, 1912

This right being clearly established, we are told that the court can proceed no further, because it appears that certain military officers, acting under the orders of the President, have seized this estate, and converted … The defense stands here solely upon the absolute immunity from judicial inquiry of every one who asserts authority from the executive branch of the government, however clear it may be made that the executive possessed no

Leach v. Eureka Life Insurance Co. of America

580 S.W.2d 628 · Court of Appeals of Texas · Apr 5, 1979

The plaintiff, Leach’s widow, qualified as independent executrix and gave proof of loss and made the statutory demand that the insurance company pay the policy proceeds to the bank in satisfaction of the note. … Upon reviewing the record we find that the promissory note executed by Leach clearly shows a due date of September 13, 1977.

Southwestern Public Service Co. v. Vanderburg

581 S.W.2d 239 · Court of Appeals of Texas · Apr 23, 1979

Southwestern Public Service Company seeks reversal of the judgment rendered in its condemnation action to establish an easement for an electrical transmission line over 4.855 acres extending along one side of a section of … Thus, the trial court’s determination that Blodgett was qualified to testify and that his testimony of market values was admissible must be upheld.

Tide Water Associated Oil Co. v. Hogg

294 S.W.2d 725 · Court of Appeals of Texas · Jun 27, 1956

The lease clearly stipulated that the assignee who complied with its provisions was- entitled to the benefits of all the terms of the lease and the covenants contained therein. … The judgment of.the trial court is reversed, and ' judgment here rendered decreeing and establishing title in appellant to seven-eighths of all minerals and potash on or under the lands covered by that much of the original

Lyon v. State

766 S.W.2d 879 · Court of Appeals of Texas · Mar 15, 1989

There was no requirement that entrants play bingo or give any form of consideration to qualify to enter the drawing. … The awarding of a door prize outside of the licensed bingo hours does not clearly come within the Act’s prohibition. *884 A forbidden act must come clearly within the prohibition of the statute and any doubt as to whether

SABINE RIVER AUTHORITY OF TEXAS v. McNatt

337 S.W.2d 325 · Court of Appeals of Texas · Jun 3, 1960

If good cause for refusal is not established the Judge shall appoint the persons nominated in the petition, whereupon said proceedings shall be terminated, and no appeal from the action of the Court can be maintained.” … “The history of the many laws enacted by the legislature of this State relating to the exercise of the right of eminent domain clearly shows that it is the policy of the legislature to liberalize the exercise of that power

Plunkett v. Simmons

63 S.W.2d 313 · Court of Appeals of Texas · Jun 29, 1933

They sought to establish that the deceased was the same person as their lost brother. … Connors was a party to the suit and was seeking to establish herself as an heir to the estate.

Fleming-Stitzer Road Bldg. Co. v. Chastain

241 S.W. 619 · Court of Appeals of Texas · Apr 1, 1922

But an application for a writ of injunction should show affirmatively that the applicant is clearly entitled to the relief sought, and in order to do this the petition must negative every reasonable inference that might be … We doubt if this testimony, showing the opinion of the witnesses, was admissible to establish the allegations of- the cross-action of the defendants and the commissioners’ court against the plaintiffs, in any event.

Trinity Universal Insurance Company v. Palmer

412 S.W.2d 691 · Court of Appeals of Texas · Jan 18, 1967

Palmer insists that, under the facts of this case, he can qualify as an “original contractor,” since the original contractor, Frieden, was also the president of F. B. & D., Inc., the owner. … Even if we were inclined to give retroactive effect to that enactment, we find nothing in the record which establishes, as a matter of law, that the contract between F.

Plsek v. Kostroun

6 S.W.2d 813 · Court of Appeals of Texas · May 2, 1928

¡qualified as independent executor.. There was testimony that he owed two banks, but the amount is not shown. … This clearly is much less than the $800 for which each would have to account in order to set the instruments aside.

Lucas v. Patton

49 Tex. Civ. App. 62 · Court of Appeals of Texas · Feb 3, 1908

We think clearly not. It is not a suit, the ‘object’ of which is ‘the recovery of land, or damages thereto.’ … The offer to accept was necessarily connected with the qualifying words, “I may be willing to take;” and as thus construed, and taken in connection with Lucas’s own explanation of his meaning, not only shows no intention