Case law

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.

Hampton v. Nix

281 S.W.2d 126 · Court of Appeals of Texas · Jun 9, 1955

' verdict or findings as to shock the conscience or show clearly that the coriclusion reached was wrong or was the result of passion, prejudice or improper motive.” … Nix, after qualifying himself to testify, státed that he estimated that 10,075 board feet of pine timber were cut off one acre of the land, and he further estimated that more than a million board feet of pine timber was cut

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

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.

Dallas County Hospital District v. Perrin

694 S.W.2d 257 · Court of Appeals of Texas · May 29, 1985

Nathan, after testifying to facts qualifying him to do so, testified that the charges shown on the bill were “reasonable, necessary and customary.” … We hold that the evidence received in the November 10, 1980 hearing does not establish the hospital’s alleged cause of action on the hospital lien. We overrule its third point.

Fazio v. Hames

866 S.W.2d 267 · Court of Appeals of Texas · Sep 27, 1993

The statement of facts was not filed by the deadline established in the Order and was therefore late. … Any conduct short of deliberate or intentional noncompliance qualifies as inadvertence, mistake or mischance— even if that conduct can also be characterized as professional negligence. Id.

Simms v. State

10 Tex. Ct. App. 131 · Court of Appeals of Texas · Jul 1, 1881

The former were clearly admissible; the latter clearly inadmissible. … The witness fully qualified himself to do so.

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.

Missouri Pacific Railroad v. United Transports, Inc.

518 S.W.2d 904 · Court of Appeals of Texas · Jan 23, 1975

First I could see his headlights, of course, and also I could see him, not clearly but I could see it was a truck.” … The trial court required them to qualify the question by including “if the automatic signal system was working properly” in the question. This action is assigned as error.

Jones v. Hext

67 S.W.2d 441 · Court of Appeals of Texas · Dec 20, 1933

We copy here certain well-established legal principles, deemed applicable here, from the case of Hoblit v. Howser, 338 Ill. 328 , 170 N. E. 257, 258 , 71 A. L. … More than twenty years have elapsed since the executrix qualified.

Pope Photo Records, Inc. v. Malone

539 S.W.2d 224 · Court of Appeals of Texas · Jul 26, 1976

Malone qualified as the independent executrix of Malone’s estate. … De Berry, 47 Tex.Civ.App. 96 , 105 S.W. 998 (1907, no writ), where that holding is clearly based on a specifically pleaded Arkansas statute exempting from the claims of the husband’s creditors only the insurance purchased

Letsos v. H. S. H., Inc.

592 S.W.2d 665 · Court of Appeals of Texas · Dec 20, 1979

Maida, so they would not qualify under an admission exception. McLane v. Paschal; Jackson v. Goldberg; City of Houston v. Priester; all cited supra. … Appellant contends that fraudulent intent was proved as a matter of law in this case, there being no evidence to rebut Appellant’s evidence; or, in the alternative, the Appellant argues that the jury’s adverse answer was clearly

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

Purolator Courier Corp. v. Railroad Commission of Texas

548 S.W.2d 486 · Court of Appeals of Texas · Mar 9, 1977

Appellant objected to the admission of those exhibits on grounds of hearsay and that the exhibits were not qualified under Tex.Rev.Civ.Stat.Ann. art. 3737e (1969). … The qualification of a witness to testify on the question of value is primarily to be determined by the trial court, and its ruling will not be disturbed unless it is so clearly wrong so as to show an abuse of discretion.

McGhee v. State

747 S.W.2d 446 · Court of Appeals of Texas · Feb 18, 1988

In each of those cases, the trial court specifically precluded any questions about matters which were clearly proper. … The evidence is insufficient to establish beyond a reasonable doubt that the knife used was a deadly weapon. The knife was not introduced into evidence. The length of the blade was never established.

Crothers v. Midland Products Co.

410 S.W.2d 499 · Court of Appeals of Texas · Jan 12, 1967

In its special appearance appellee alleges that it was incorporated under the laws of the State of New Jersey and has never qualified to do business in the State of Texas, and was not at the time said contract was executed … Wayne Thode, Professor of Law at The University of Texas, in an article on Special Appearance, in Texas Law Review, February, 1964, Vol. 42, No. 3, at page 319, states: “The language of the rule clearly places on the defendant

Fuentes v. Howard

423 S.W.2d 420 · Court of Appeals of Texas · Dec 27, 1967

The obligation of the contestant is to establish such assistance, and as to the votes before us the trial court found there was in fact assistance, and such finding is not challenged. Appellee cites Fields v. … Howard is not clearly ascertainable within the meaning of Art. 6.06 of the Texas Election Code.

In the Interest of C.C.N.S.

955 S.W.2d 448 · Court of Appeals of Texas · Oct 23, 1997

Appellee Alfred Sanchez filed a petition to establish his paternity of C.C.N.S. (“C.C.”) in September 1995, when C.C. was almost four years old. … Thus in amending the statute in 1984, Congress clearly removed from state courts the power to allocate dependency exemptions.

St. Louis, S. F. & T. Ry. Co. v. Jenkins

137 S.W. 711 · Court of Appeals of Texas · Apr 22, 1911

It certainly cannot be said that the evidence relied on by appellee to establish the negligence alleged was so lacking in probative force that the court would have been warranted in withdrawing the issue from the jury. [6 … Standing alone, it might, but the tenth paragraph of the charge which immediately follows qualifies it sufficiently to meet the criticism made in the assignment under consideration.