Case law

Geo Viking, Inc. v. Tex-Lee Operating Co.

817 S.W.2d 357 · Court of Appeals of Texas · Sep 24, 1991

Ray Holifield, the geologist who selected the site, was qualified as an expert. … There is clearly some evidence to support the jury’s answers to each of these questions, thus Geo Viking’s no evidence point must fail.

Abbott v. G.G.E

463 S.W.3d 633 · Court of Appeals of Texas · Apr 30, 2015

Further, the trial court heard evidence on Courtney’s qualifications and found he was qualified to adequately represent the interests of the Individual Plaintiffs. … The UDJA does not waive the State’s sovereign immunity when a plaintiff seeks a declaration of his or her rights under a statute. Texas Dep't of Transp. v. Sefzik, 355 S.W.3d 618, 621 (Tex.2011).

Lewis v. Harris

48 S.W.2d 730 · Court of Appeals of Texas · Apr 7, 1932

Briefly stated, the facts disclosed by the petition are as follows: Plaintiffs are resident citizens, qualified voters, and taxpayers residing in commissioners’ precinct No. 4, of Upton county. … It lies only to compel the performance of a legal duty, and the right of the party to the relief sought must be clearly established.

Barmore v. Darragh

231 S.W. 472 · Court of Appeals of Texas · Mar 30, 1921

This holding is now the established rule, and the contention of appellees is undoubtedly correct, in the abstract. … This purpose, it seems to us, is emphasized by the use of the qualifying words “share and share alike.”

Zint v. Crofton

563 S.W.2d 287 · Court of Appeals of Texas · Dec 27, 1977

With these general principles in mind we turn to the established rules of construction to determine the issues presented in this case. … , cut down or diminish a fee simple estate otherwise clearly devised.

Arreola, Jose Ismael

Court of Appeals of Texas · Feb 6, 2015

Appellant argues the statements qualify as statements against Escamilla's interest. See TEX. R. EVID. 803(24). … To qualify under the statement-against-interest exception, a statement must (1) tend to expose the declarant to criminal liability, and (2) have its trustworthiness clearly supported by corroborating circumstances.

Shipley v. Dallas County Levee Improvement Dist. No. 6

233 S.W. 556 · Court of Appeals of Texas · Jun 4, 1921

the lands of the appellant described in its petition; that the board of district supervisors of the improvement district, as provided, by the law upon the subject, appointed three commissioners of appraisement, who duly qualified … These contentions suggest very clearly the issue of law between the appellant and the appellee and to be decided on this appeal.

Hicks, Leonard Charles

Court of Appeals of Texas · Jul 22, 2015

Circumstantial evidence is as probative as direct evidence in establishing guilt. Hooper v. State,2l4 S.W.3d 9, 13 (Tex. Crim. App. 2007). … Appellant contends the testimony constituted an expert medical opinion, which Green was not qualified to provide.

Laurito v. McVey

496 S.W.2d 656 · Court of Appeals of Texas · Jun 13, 1973

Although the clerk’s file marks do not appear on the papers in the record before us, it is undisputed that plaintiff did file an amended petition within the above established one hundred eighty day period. … The plea in abatement named some twent.v-one parties, including the Veterans’ Land Board of the State of Texas, ns having an interest in the mineral lease involved herein and thus qualifying as indispensable parties. 2 .

Aetna Life Insurance v. Hocker

39 Tex. Civ. App. 330 · Court of Appeals of Texas · May 3, 1905

The receipts of the policy and correction slip with the above letter, by the company's agents at Dallas, appears to be a fact clearly established. … It was a qualified or conditional acceptance, conditioned on the applicant doing a certain thing before the contract should be closed.

Trinity River Authority v. Barrett

497 S.W.2d 91 · Court of Appeals of Texas · Jun 28, 1973

the consent of such person; and, when taken, except for the use of the State, such compensation shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities … Stalley qualified as an expert witness and gave his opinion that the highest and best use of the property was for agricultural purposes.

Perma Stone Co. v. Teakell

653 S.W.2d 483 · Court of Appeals of Texas · Feb 10, 1983

This stance indicates a somewhat selective reading of that instrument, which is in evidence and clearly states in Subsections B and F that Perma Stone was to furnish National’s employees “a safe place in which to work.... … We reject these contentions, and hold that there was evidence to establish a common-law duty owed to appellee on the part of the Co-op.

Poteet v. City of Palestine

620 S.W.2d 181 · Court of Appeals of Texas · Jul 16, 1981

Thus, the record clearly shows that his testimony was not predicated solely on hearsay. Upon applying the rules announced in the last cited cases, neither Dr. … This does not mean, however, that the facts must be undisputed, or even clearly established. In fact it is not always essential that the facts assumed should have already been testified to.

Alice National Bank v. Corpus Christi Bank & Trust

431 S.W.2d 611 · Court of Appeals of Texas · Aug 15, 1968

suspended because appellants have appealed from it, there is nothing for Corpus Christi Bank & Trust to administer upon; that if the order of March 29, 1968 is an outright effort to remove the independent executor, it is clearly … The son qualified as independent executor and filed an inventory and appraisement.

Mercer v. State

450 S.W.2d 715 · Court of Appeals of Texas · Jan 28, 1970

A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the Legislature of the State to establish and make suitable provision for the support … Thus, in loco parentis may now more clearly mean an obligation to the accused, particularly if the penalty which may be the result of disclosure de *722 prives him of liis liberty * * *" Nolte, Guide to School Law, p. 113

Kahler v. Carruthers

18 Tex. Civ. App. 216 · Court of Appeals of Texas · Feb 5, 1898

The second and sixth assignments of error are overruled, because we think the witnesses qualified themselves to testify as to the market value of the property. … The statute (article 1331) requires that “the special verdict shall find the facts as established by the evidence, and not the evidence by which they are established.”

Morgan v. City of Humble

598 S.W.2d 364 · Court of Appeals of Texas · Apr 9, 1980

The fourteen arrests clearly constitute some evidence. … Further, it cannot be maintained that this portion of Sergeant Kessler’s testimony was hearsay and no evidence at all when the records on which the testimony rested had been qualified as business records under article 3737e

Villanueva, Robert

Court of Appeals of Texas · Dec 22, 2015

Only a theory for which the State clearly corroberated was unassailable by presenting a total different theory to convict Marcus Shuff in November of 2011, who clearly provided a credible and corroberated video confession … Roell which clearly violated Applicant's constitutional rights of a fair trial.

American Ins. Union v. Monk

16 S.W.2d 371 · Court of Appeals of Texas · Apr 10, 1929

Appellee therefore established' to the satisfaction of the trial* coprt his plea of waiver and estoppel on this issue. In reference to the second statement that Mrs. … rule, no doubt, the subjects of insurance will be but little qualified for such a task.’ ” In the Schumann Case the Commission also quotes with approval the following from the case of Supreme Lodge of Frateral Brotherhood

Brooks v. Cherry

298 S.W. 170 · Court of Appeals of Texas · Jul 13, 1927

But this is clearly contrary to the doctrine of constructive trusts. … W. 275 , it is said: “In such suits the general rule, as established by our state courts, is that the burden of proof to establish that any such trust funds were used in paying for such land is upon the plaintiff, pleading