Case law

Zanes v. Lyons

36 S.W.2d 544 · Court of Appeals of Texas · Feb 14, 1931

Such exercise of power, where- the adverse parties can readily be served with notice, as in the instant case, can only be justified in extreme cases, in which it is made clearly to appear that there is such imminent and pressing … When such allegations appear in such a petition and are verified by the oath of a person that they are true within his knowledge, such verified petition may be received by the court as competent evidence establishing the

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.

Carrollton-Farmers Branch Independent School District v. Knight Ex Rel. Knight

418 S.W.2d 535 · Court of Appeals of Texas · Aug 1, 1967

Trustees, et al, 122 So. 737 , referred to in your letter clearly holds that a rule established by school authorities such as the rule in question is unreasonable and invalid. … Appellees concede she is qualified in all other respects to be admitted as a student.

Heflin v. State

640 S.W.2d 58 · Court of Appeals of Texas · Jan 12, 1983

The requisite elements are not established in present case. … One’s innermost beliefs and thought processes should be immune from discovery by the government, even in criminal prosecutions. Id. c. The right of persons to be free from official coercion.

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of the evidence as to be clearly wrong and … The employer’s immunity from suit, created by legislative act, is thus withdrawn by legislative act.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.

Moody v. City of Galveston

524 S.W.2d 583 · Court of Appeals of Texas · May 22, 1975

We have found no Texas cases which clearly hold that a municipality engaged in selling water is subject to the doctrine of strict liability. … Plaintiffs requested certain special issues seeking to establish a basis for the recovery of exemplary damages.

State v. Gist

374 S.W.2d 736 · Court of Appeals of Texas · Jan 9, 1964

held erroneously admitted, it appears that counsel for appellees, apparently suspecting that the basis and method used by Landry might have been of doubtful propriety, later on in the trial pursued the more reliable and established … Clearly this testimony was inadmissible as hearsay, absent qualifying instruction of the court limiting the same to the purpose of showing the basis for his value opinion. State of Texas v.

Burrell v. Westbrook

163 S.W.2d 695 · Court of Appeals of Texas · Jun 1, 1942

The testimony was clearly admissible because it was an indication by both Marion and Dorcas that they recognized each other as husband and wife, a question sharply contested by the appellant. … The paternity of Pauline, the mother of appellee, was established beyond question by the testimony.

Jefferson County Traction Co. v. Wilhelm

194 S.W. 448 · Court of Appeals of Texas · Mar 17, 1917

The witnesses for both sides were shown to be fairly well qualified to give their opinions touching the market value of this property, as they did, and most of them on both sides were quite familiar with the property; and … But, as stated above, we would not be willing to say, without well-established precedent for the proposition, that the owner of land in a condemnation proceeding should not be permitted to show anything touching the actual

Brotherhood of Railroad Trainmen v. Luckie

286 S.W.2d 712 · Court of Appeals of Texas · Nov 18, 1955

railway labor controversy and the holding thus abridges the freedom of the employees to cease work, imposes a condition of involuntary servitude upon the employees, and deprives the employees of their liberty, privileges or immunities … All this brought about the controversy here, which is clearly within the jurisdiction of the Boards. The Federal Constitution grants exclusive power over interstate commerce to Congress.

Commissioners' Court v. Frank Jester Development Co.

199 S.W.2d 1004 · Court of Appeals of Texas · Jan 17, 1947

The Commissioners’ Court is empowered to establish and maintain bridges and highways, sanitation and drainage, and must provide and keep such in repair; R.S. Art. 2351. … “Unless a gross abuse of such discretion has been shown, this court is not in a position to disturb the honest discretion so exercised, for, to do so would be assuming to act as commissioners in lieu of the duly qualified

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

Magallon v. State

523 S.W.2d 477 · Court of Appeals of Texas · May 1, 1975

In the absence of testimony by a qualified expert that such conduct was reasonably calculated to endanger the emotional wellbeing of the child in the future, an inference that such danger exists could not be drawn from the … At page 87 Judge Werlein stated: “While it is true a physician may relate as a basis for his opinion and not as independent evidence to establish the fact, the history given him by the patient, we know of no authority holding

Lindley v. State

736 S.W.2d 267 · Court of Appeals of Texas · Nov 4, 1987

Probable cause of such matters must be established before an evidentiary warrant may issue. TEX.CODE CRIM.PROC. ANN. art. 18.01(c) (Vernon Supp.1987). … The foregoing arguments were clearly in response to, and appear to have be invited by, the defense attempt to show that appellant was not a man of violent proclivities.

Jenkins v. Hennigan

298 S.W.2d 905 · Court of Appeals of Texas · Jan 31, 1957

Its primary purpose was clearly that of emphazing that intent was not an issue in the case. … However, the evidence did not conclusively establish that Williams failed to keep a proper lookout.

Wichita County v. Bonnin

268 S.W.3d 811 · Court of Appeals of Texas · Oct 2, 2008

A party can invoke the district court’s constitutional supervisory control over a commissioners court judgment only when the commissioners court acts beyond its jurisdiction or clearly abuses the discretion conferred upon … Local Government Code Section 152.072 Section 152.072(a) of the local government code authorizes the qualified voters of a county with a population greater than 25,000 to “petition the commissioners court of the county to

Stovall v. Martin

210 S.W. 321 · Court of Appeals of Texas · Nov 9, 1918

Testimony of several witnesses, experienced cattlemen, who qualified as experts, to the effect that they examined the cattle in Martin’s pasture after he had taken them from plaintiff’s pasture, and that, in their opinion … or heifer calves, and the evidence shows that in Martin’s herd there were calves of both genders. 12, 3] The positive statement by defendant Martin in his testimony that the cattle in controversy belonged to him was, as clearly

Jordan v. State

877 S.W.2d 902 · Court of Appeals of Texas · Jun 22, 1994

On cross-examination, Jordan was able to establish that Officer Turner had been told by someone else that the first photo was eight to ten years old. … Clearly Jordan was not offering the evidence to show that he was correctly identified by Officer Sanders. The court’s ruling, if based on hearsay, was not properly sustained.

Cook v. Wilmeth

166 S.W.2d 359 · Court of Appeals of Texas · Oct 23, 1942

to administer the estate and thereafter filed a supplemental account referring to the former account and reciting that since the filing of the account “styled” final account, the administrator had made payment on certain established … Clearly such allegation shows no right in plaintiff to maintain a suit for Mrs. Wil-meth and was excepted to for said reason.

Citizens National Bank in Waxahachie v. City of Rhome

201 S.W.3d 254 · Court of Appeals of Texas · Aug 10, 2006

CNB argues that permanence is not a required element for the fuel dispensers to qualify as realty. Section 1.04(2) of the Texas Tax Code defines “real property” in relevant part as “land” and “an improvement” to land. … In other words, CNB *260 urges that it has conclusively established that the fuel dispensers are realty. We agree.