Case law

Aetna Casualty & Surety Company v. Depoister

393 S.W.2d 822 · Court of Appeals of Texas · Aug 26, 1965

Clearly, under the authority of Wagner v. Foster, supra, appellant’s assignment II contained in his motion is insufficient. … Oates, used by appellee as a medical witness, qualified as an expert in the diagnosing and treatment of cases involving ruptured discs.

McCord v. Hames

38 Tex. Civ. App. 239 · Court of Appeals of Texas · Feb 4, 1905

the defendants in said cause, without disclosing their names, filed an amended original answer in which defendants demurred to and denied the allegations of the plaintiff’s petition, specially alleged that Atherton had qualified … We think it clearly appears that--in equity and good conscience the sale of the land should not have been rescinded, and the court below did not err in refusing to allow a recovery of the land by appellant.

Carlisle v. Philip Morris, Inc.

805 S.W.2d 498 · Court of Appeals of Texas · Apr 3, 1991

The Court held that the statute’s absolute prohibition gave radio stations immunity from libel claims arising out of such political speeches, i.e., common-law libel claims were preempted. … First, for its relevant holding, the court in Veytia relied on In re Price’s Estate and other cases that were clearly undercut by the 1978 amendments to Rule 166a.

Clark v. Woods National Bank

52 Tex. Civ. App. 38 · Court of Appeals of Texas · Oct 21, 1908

. — Cora Patrick, as the duly qualified survivor of the community estate of herself and her deceased husband, Lee Patrick, instituted this suit against the Southwestern Life Insurance Company to recover five thousand dollars … The issue presented has been time and again decided adversely to the claim of plaintiffs in error by the Appellate Courts of Texas, which a brief review of the decisions will clearly demonstrate.- In the case of Huyler v.

Stromberg Carlson Leasing Corp. v. Central Welding Supply Co.

750 S.W.2d 862 · Court of Appeals of Texas · Apr 28, 1988

Since Local Rule 7 applied only to cases which had not been set for trial, appellant clearly had a duty to request a trial setting in order to avoid dismissal. In Moore v. Armour & Co., Inc., 660 S.W.2d 577 (Tex.App. … Absent a specific request in the body of the motion, however, we find that appellant’s concluding reference to a hearing insufficiently specific to qualify it as a clear request. Bolton, 608 S.W.2d at 722 .

In the Interest of D.J.R.

319 S.W.3d 759 · Court of Appeals of Texas · Jan 6, 2010

And number two, it has to be based on established techniques and literature. He has said that. … That’s all Daubert Robinson requires, so I think that is clearly met. This is what pathologists do. This is what a pathologist testifies to.

Ama-Gray Oil Co. v. Marshall

212 S.W.2d 960 · Court of Appeals of Texas · Jul 9, 1948

The proposed testimony was inadmissible because (1) it was not the best evidence, and (2) it was clearly hearsay. … If the testimony had been competent to establish a settlement between William T.

Brotherhood of Locomotive Firemen & Enginemen v. Hassell

56 S.W.2d 223 · Court of Appeals of Texas · Dec 10, 1932

The evidence further established, without conflict in its terms, that appellee was regularly engaged in the trucking business, fully qualified to carry on alone an essential part of it, driving the truck, and loading same … Under the above-cited authorities, it will be noted the distinction is clearly drawn between the cases where the coverage is from the disability of the insured and where the indemnity is provided only in case of total and

Missouri-Kansas & T. R. of Texas v. Railroad Commission

3 S.W.2d 489 · Court of Appeals of Texas · Feb 8, 1928

In like manner they are immune from collateral attack, and the carriers are not authoifized to charge any shipper a greater or less rate than fixed by the tariffs. … With this distinction clearly in mind, the differences in the Texas statutes and the Transportation Act above pointed out become apparent.

Continental Assur. Co. v. Gibner

119 S.W.2d 588 · Court of Appeals of Texas · Jul 9, 1938

Andrews duly qualified as independent executrix under such will. … The facts of this case bring it clearly within the rule announced by Judge Critz in Nevels et al. v.

Texas Auto Co. v. Arbetter

1 S.W.2d 334 · Court of Appeals of Texas · Nov 23, 1927

If those facts be clearly sufficient to establish the right of the vendor as heir, it is apprehended that the purchaser could not object to the title simply because it could not be established by record evidence. … This incident was not sufficient to establish waiver or estoppel, and there was no other evidence thereof.

Cook's Hereford Cattle Co. v. Barnhart

147 S.W. 662 · Court of Appeals of Texas · Apr 24, 1912

It has been repeatedly held in Texas that a boundary line between tracts of land owned by different persons may be established by the parol agreements of such owners, and that such agreements will not be obnoxious to the … As qualifying and explaining the rule, it is held that there must doubt exist as to the true division line, and, where the parties know the divisional line, such an agreement would not be binding, because it would be a parol

Liberty Mutual Insurance Compny v. Gomez

462 S.W.2d 338 · Court of Appeals of Texas · Dec 30, 1970

The trial court further found that plaintiff’s earning capacity after the injury was $128.00, establishing a $10.00 per week loss of wage earning capacity. … The Weicher case is clearly distinguishable. In that case the worker claimed incapacity from heat exhaustion for a period in excess of two months.

EXLP Leasing LLC v. Loving County Appraisal District

478 S.W.3d 790 · Court of Appeals of Texas · Sep 23, 2015

Tax Code Ann. § 23.1241 (b)(establishing formula for calculating market value of heavy equipment inventory for ad valorem purposes), Tex. … “The phrase ‘as may be provided by law,’ when used in a constitutional provision establish *797 ing a general legal principle or administrative framework, has been held to ‘clearly vest[] the Legislature with the authority

Adams v. Adams

132 S.W.2d 497 · Court of Appeals of Texas · Oct 5, 1939

She took the oath of office and filed her bond, duly qualifying as administratrix. … It clearly appears from the bill that appellant was directing his exception to that portion of the testimony of Mrs. Willie Hartnett Adams inhibited by article 3716.

Hart v. State

15 Tex. Ct. App. 202 · Court of Appeals of Texas · Dec 5, 1883

On a demurrer to this challenge filed by the district attorney, the court, over objection of defendant, heard testimony establishing that in fact the commissioners were selected and qualified as required by law, and that … Ill), whether the place of the sitting be in the precinct of another justice, competent and qualified to act, or not.

Duncan v. Glasscock

118 S.W.2d 658 · Court of Appeals of Texas · May 21, 1938

Defendant Duncan filed an answer, opposing the appointment of a receiver, but on hearing (June 11, 1932) the court made an appointment, the receiver qualified, assumed the duties of the position and, under the orders of court … Partition of the mineral leasehold between the joint owners or claimants is clearly authorized by Art. 6082, R.S.

Herren v. Hollingsworth

188 S.W.2d 706 · Court of Appeals of Texas · Mar 29, 1945

Because, before he could establish any right to recover for the value of any leases on the ranch, he must at least establish that he would have been entitled to such leases in case the well had been drilled. … Again, “The consideration of the contract must stand upon the same plane as the other provisions of the contract with reference to the conclusiveness and immunity from attack by parol or extrinsic evidence.” Bumpass v.

Texas Employers' Ins. Ass'n v. Drayton

173 S.W.2d 782 · Court of Appeals of Texas · Jun 28, 1943

The medical testimony would have supported findings establishing the theory of either party on those issues. Needless to say, the appellee’s testimony was exceedingly favorable to his theory of the case. … The issue of temporary total incapacity was thus a part of his cause of action and in order to recover thereon the burden was upon him to establish it. Since the case of Wright v. Traders & General Ins.

Benny Joseph Walker v. State

461 S.W.3d 599 · Court of Appeals of Texas · Feb 5, 2015

Thompson was not qualified to give it without first examining Walker, KBA, or AJA. … Rather, she spoke with them about “how to speak loudly and clearly, the importance of that; the importance of telling the truth, that type of thing.”