Case law

Thos. Goggan & Bro. v. Goggan

146 S.W. 968 · Court of Appeals of Texas · Mar 27, 1912

until then, for the reason that defendant was desirous of protecting its credit and giving its creditors the greatest possible assurance of protection, and therefore none of its capital stock, except the amount required to qualify … its officers, was to be issued and delivered until the credit of said corporation was securely established and its indebtedness reduced, and, to that end, it was necessary that all the stock in said corporation should remain

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

Westmoreland v. Beaumont Independent School District

524 S.W.2d 323 · Court of Appeals of Texas · May 29, 1975

The receipt of this evidence was clearly error under Chavers and the majority — correctly—so holds. The fifth “comparable” mentioned by the expert was improved land with a square foot value of 34$. … Likewise, the condemnor’s expert witness was shown to be qualified to express his opinion as to the market value of the property.

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

Manley v. State

774 S.W.2d 334 · Court of Appeals of Texas · Jun 21, 1989

The Court’s statement most likely referred, however, to what the Court was obliged to determine under the circumstances of the case: the applicability, in a joint-adventure context, of the “well established” rule that the … The Court noted that the evidence was disputed or silent regarding the factual elements necessary to qualify for that exempt status — a partnership with 10 members or less, and organizational expenses not exceeding two percent

Merrell v. Moore

47 Tex. Civ. App. 200 · Court of Appeals of Texas · Jun 29, 1907

There is testimony tending to establish the following material facts: The maiden name ,of the plaintiff, Mrs. … The evidence does not, perhaps, establish conelusivély that all the property in which the appellee, Mrs.

Sarah Jean Clement v. State

499 S.W.3d 153 · Court of Appeals of Texas · Jul 14, 2016

It is well established that “[f]or testimony concerning a defendant’s performance on the HGN test to be admissible, it must be shown that the witness testifying is qualified as an expert on the HGN test.” 9 The same is true … I cannot understand how Appellant’s objection provided the prosecutor with the experience and expertise to qualify as an expert.

Robertson v. Rig-A-Lite Company

394 S.W.2d 838 · Court of Appeals of Texas · Sep 23, 1965

He also qualified as an electrical expert. … The testimony showed them to be well qualified as experts in the field of electricity.

Texas Employers' Ins. Ass'n v. Lemons

33 S.W.2d 251 · Court of Appeals of Texas · Oct 18, 1930

.& Myers were qualified to become a subscriber under the Workmen’s Compensation Law and had taken out compensation insurance with appellant. … Cooke’s testimony clearly shows that the nervousness, inability to sleep and pains accompanying his work, and his incapacity for manual labor are the results that follow a hernia of the character appellee received on the

Johnson v. Lyford

9 Tex. Civ. App. 85 · Court of Appeals of Texas · Dec 13, 1894

The qualification attached to one of the bills, and the reasons for rejecting the other two, and written upon the bills, show clearly the matters upon which the court, and the counsel differed. … it is proposed to establish, is first shown by direct or positive evidence to have once existed.

Lott Town & Improvement Co. v. Harper

204 S.W. 452 · Court of Appeals of Texas · May 29, 1918

Paragraph 2 qualifies the admission by adding: “Note sued upon was executed as a part payment of the purchase price for said land, but upon the conditions and with the covenants hereinafter more fully set forth.” … The fourth assignment complains of the admission of testimony that was clearly irrelevant and prejudicial. We do not deem it necessary to further discuss this assignment, but sustain it.

Edwards v. Edwards

52 S.W.2d 657 · Court of Appeals of Texas · May 11, 1932

Unless the language there employed clearly evidences an intention to vest title in A. H. … "Only" is "a word of restriction or exclusion, of restriction as to that which it qualifies, and of exclusion as to other things." 46 C.J. 1115.

Johnson v. City of Dallas

78 S.W.2d 265 · Court of Appeals of Texas · Dec 15, 1934

By this revision the existing laws, creating the county courts of Dallas county at law No. 1 and No. 2, and their prescribed jurisdiction, remains as established. … The names and territorial limits given these special courts rather than the qualifying affixes and suffixes indicate the character of the courts.

Donaldson v. Texas Department of Aging & Disability Services

495 S.W.3d 421 · Court of Appeals of Texas · May 5, 2016

To establish a pri-ma facie case of race discrimination, the employee must show that he (1) is a member of a protected class; (2) was qualified for his position; (3) suffered an adverse employment action; and (4) was replaced … that Donaldson was qualified- to do the. job.

San Angelo v. Amalgamated Meat Cutters & Butchers Workmen, Local 103

139 S.W.2d 843 · Court of Appeals of Texas · Apr 18, 1940

which the restraint against picketing was ordered, constitute a far cry from the facts ruling the case at bar; here the picketing was admittedly peaceful and orderly, and, as we think, by employees of the appellant who clearly … While, as indicated, he had the right to so refuse, they, in turn, had the correlative right to so pehcefully exhibit their protest against his refusal, in which — it is thought —they were pursuing a constitutional immunity

Leopold v. Sochat

303 S.W.2d 840 · Court of Appeals of Texas · May 31, 1957

She immediately qualified as independent executrix and took possession of all the property under the will of her husband, which had an appraised value of $99,373.05. On October 11, 1948, Mrs. … But a testamentary intention may even be expressed by such a word as “wish” and when so clearly expressed, the intent becomes the law of the bequest.

City of Houston v. Tod

258 S.W. 839 · Court of Appeals of Texas · Dec 14, 1923

the land lying on both sides thereof for a distance of twenty-five hundred (2,500) feet from the thread of said stream, to a distance of twenty (20) miles in an air line from the present eastern boundary of said city as established … That provision of the Constitution clearly applies only to debts directly created or contracted by the city in the exercise of its functions of municipal government.

Shaw v. State

826 S.W.2d 763 · Court of Appeals of Texas · Mar 10, 1992

Additionally, a qualified witness need not have personal knowledge as to the contents of the records but rather he need only have personal knowledge of the mode of preparation of the records. Id. … The prosecutor is clearly referring to Shaw’s failure to call any witnesses during the punishment phase to testify about his good character. Shaw cites Brokenberry v.

Caddo Gas Co. v. Jeffries

271 S.W. 108 · Court of Appeals of Texas · Jan 10, 1925

In disposing of the question on original hearing, we recognized the rule established by the case of Oglesby’s Sureties v. … the appellant and the Caddo Gas Company for the wrongs complained of in this ease, but we think the cases are clearly distinguishable.

Dunlop, Christopher M.

Court of Appeals of Texas · Nov 18, 2015

Free testimonial (use) immunity. 20 Judge John Roach, Jr. appointed counsel to advise Ms. Free in regard to her 5th Amendment rights and the Grant of Use Immunity offered to her by the prosecution. 21 Ultimately, Ms. … “Circumstantial evidence is as probative as direct evidence in establishing the guilt of the actor, and circumstantial evidence alone may be sufficient to establish guilt.”