Case law

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.

Muller v. Stewart Title Guaranty Co.

525 S.W.3d 859 · Court of Appeals of Texas · Jun 20, 2017

The Brumitt Court began its analysis by providing “well-established principles.” 519 S.W.3d at 102 , 2017 WL 1968830, at *3 . … A person who is not party to the contract may sue for damages caused by a breach if the person qualifies as a third-party beneficiary. Id.

Royal Ins. Co. v. Okasaki

177 S.W. 200 · Court of Appeals of Texas · May 20, 1915

petition, containing exception and general denial; denial that he had failed to comply with the record warranty clause; alleged compliance in all particulars; had made and preserved all inventories and books required, and established … insured, including all sales, purchases, and shipments; that plaintiff saved and preserved from loss by tbe fire the set of books mentioned, and after the fire offered to present them to defendant; that the defendant or a qualified

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.

Missouri, K. & T. Ry. Co. of Texas v. Patterson

204 S.W. 1026 · Court of Appeals of Texas · May 7, 1918

Clearly neither of these matters could be said to specifically point out wherein the verdict was the product of passion and prejudice. … The objection made to that paragraph of the charge was that it assumed as an established fact that the roadbed and bridge of the railway company had been negligently and unskillfully constructed.

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.

Assignees of Best Buy v. Combs

395 S.W.3d 847 · Court of Appeals of Texas · Feb 22, 2013

Consequently, the Comptroller asserted, the Assignees have failed to comply with the statutory requirements to waive sovereign immunity for tax-refund suits. … “When a statute clearly limits the relief which may be given in a particular situation, a judgment which attempts to give relief other than that authorized is void....

Paul v. Johnson

314 S.W.2d 338 · Court of Appeals of Texas · May 29, 1958

While it may be said that the general rule by which damages to personal property are to be established is the difference between its market value immediately before and immediately after the injury, it is not the exclusive … However, in the instant case we believe that the testimony of the witness Hall clearly shows that he was qualified to testify only by reason of his twelve years’ experience in repairing automobiles in Houston.

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.

Eric Eriksson, Inc. v. Crooks

508 S.W.2d 115 · Court of Appeals of Texas · Mar 28, 1974

There was no recorded drainage easement on the property, and the pipe had not been in place long enough to establish an easement by prescription. … The witness was qualified to give the testimony; and in any event the testimony was not objected to. Plaintiffs paid $9000 for the tract. The jury found the value to be $2000.

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

Hartely v. Langdon & Company

347 S.W.2d 749 · Court of Appeals of Texas · May 4, 1961

See 18 Tex.Jur.2d 83, where it is stated: “It is a well established general rule that a judgment, order, or decree of a probate court is as immune from collateral attack as is the judgment of any other court acting within … The matter of the sufficiency of the diligence used was then squarely before the court and hence clearly intrinsic to the judgment.

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.

Maritime Overseas Corp. v. Ellis

886 S.W.2d 780 · Court of Appeals of Texas · Sep 1, 1994

Juries are entitled to determine causation based on qualified expert testimony based on reasonable medical probability. … Here, the expert evidence was clearly based on reasonable medical probability and stronger in some instances.

Harding Co. v. Sendero Resources, Inc.

365 S.W.3d 732 · Court of Appeals of Texas · Feb 29, 2012

In these cases, the contract clearly contemplated personal liability. In this case, the contract clearly contemplates an agreement with only the corporation. … The record, though, clearly establishes Walters knew the contract mentioned one of his companies which did not sign the contract. The mistake concerned the name of the company.

Southwestern Newspapers Corp. v. Curtis

584 S.W.2d 362 · Court of Appeals of Texas · Jun 22, 1979

Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960), holding that a court has no discretion to deny relief by a temporary injunction where a violation of a constitutional right is clearly established. … No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor

Royal Indemnity Co. v. Hogan

4 S.W.2d 93 · Court of Appeals of Texas · Dec 3, 1927

The uneontroverted proof introduced upon the trial of the case established the following facts: That the accident occurred in the afternoon of April 13, 1925, during the working hours of the deceased and under the terms of … duties and which were neither the sole nor contributing cause of the accident, would .be to read intd the statute a qualification or condition which would make the absolute and unconditional right given by the statute a qualified

Plains Creamery, Inc. v. Denny

277 S.W.2d 755 · Court of Appeals of Texas · Sep 7, 1954

The following questions to and answers by Weldon Bynum clearly reveal the lack of any negligence on the part of appellant’s truck driver: “Q. … Some of the witnesses for appel-lees qualified their testimony as .to whether the subjects of insurance and attorneys’ fees were brought before the jury by saying that they heard no discussion of insurance and attorneys’

Big MacK Trucking Company v. Dickerson

482 S.W.2d 1 · Court of Appeals of Texas · Jun 8, 1972

A review of all the evidence presented for the consideration of the jury fails to convince us that the answer made by the jury is so contrary to the great weight and preponderance of the evidence as to be clearly wrong and … The employer’s immunity from suit, created by legislative act, is thus withdrawn by legislative act. His common law defenses are abolished. The Act applies to all employers.

Bute v. League City

390 S.W.2d 811 · Court of Appeals of Texas · May 13, 1965

land and alleged that the City of League City had no authority to pass said ordinance because in doing so it was undertaking to exercise the powers of local self-government limited to “Home Rule Cities,” which it was not qualified … They have re *815 lied solely upon the above mentioned grounds which, if established, would render the ordinance void.