Case law

Middlebrook v. State

803 S.W.2d 355 · Court of Appeals of Texas · May 8, 1991

State, 764 S.W.2d 242, 246 (Tex.Crim.App.1989) (defendant must establish that he was tried by a jury to which he had a legitimate objection); Demouchette v. … The trial court clearly enunciated the State’s burden of proof during voir dire: [t]he burden of proof is on the Prosecution.

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.”

Taylor v. First Nat. Bank of Wichita Falls

207 S.W.2d 428 · Court of Appeals of Texas · Jan 16, 1948

“Except, these two last provisions are qualified that in the event of the death of either Don Taylor or Irene Dodge, without issue, either before or after my death, such interest as is conveyed under this will to either of … There is nothing in the will that establishes the fact that the portions of these remaindermen going to the surviving brothers and sisters of each other on their death, without issue, are merely life estates in such brothers

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.

Heilbron v. St. Louis Southwestern Railway Co.

52 Tex. Civ. App. 575 · Court of Appeals of Texas · Dec 10, 1908

There are various methods by which a public highway may be created or established. … In order to constitute a dedication of private property for a public use it must clearly appear that the owner of the property intended to absolutely and irrevocably set apart the land for public use. Ramthun v.

Soto v. Ledezma

529 S.W.2d 847 · Court of Appeals of Texas · Nov 13, 1975

Clearly the notices of appeal were filed too late unless the time was extended by filing of the motion for new trial because Rule 353 requires the filing within ten days after judgment. … They do not have an interest to be protected until it is established that the deceased has left a lawful will.

Gaupel v. Lakeside Sugar Refining Co.

158 S.W. 1038 · Court of Appeals of Texas · Jun 25, 1913

Gaupel against the Lakeside Sugar Refining Company, *1039 George Herder was, by the district court of Colorado county, appointed receiver of the defendant company, and duly qualified. H. W. … If this is what the court meant, then, under the decision of the Supreme Court above referred to, the decree is clearly erroneous.

Calvert v. K F C Operating Co.

453 S.W.2d 843 · Court of Appeals of Texas · Apr 22, 1970

In that letter, your office states that these stores, referring to the seventeen Kentucky Fried Chicken outlets in the Dallas area, qualify as regular chain stores, since fifty-one per cent or more of that food is sold to … The Congress clearly meant to extend its power beyond the ordinary sit-down restaurant and just as clearly did not undertake to legislate with respect to grocery type food stores which would have been covered but for the

Merchants' & Bankers' Fire Underwriters v. Williams

181 S.W. 859 · Court of Appeals of Texas · Dec 29, 1915

And "a cause of action" was clearly defined by the court in Phillio v. Blythe, 12 Tex. 124 , as follows: "It may be defined to consist as well of the right of the plaintiff in the action, as of the injury to such right. … But the fact is established that the insured's equitable right to title is not based on a deed. And it is believed that the condition in the policy is not satisfied unless the deed is shown.

Dallas Morning News, Inc. v. Hall

524 S.W.3d 369 · Court of Appeals of Texas · May 25, 2017

The success enjoyed by the compounding industry, however, has not been immune from controversy, or consequences. … (“An affiant’s position or job responsibilities can qualify the affi-ant to have personal knowledge of facts and establish how the affiant 'learned of the facts.”).

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.

Diocese of Galveston-Houston v. Stone

892 S.W.2d 169 · Court of Appeals of Texas · Mar 2, 1995

The summary judgment evidence established that the dispute clearly involved ecclesiastical matters. The seminary’s sole purpose was to educate persons studying for the ministry; no strictly secular courses were taught. … Likewise, Milivojevich clearly involved a “quintessentially religious controvers[y]”: a Bishop’s defrockment and a dispute over the division of a Diocese.

City of San Marcos v. R.W. McDonald Development Corp.

700 S.W.2d 674 · Court of Appeals of Texas · Nov 6, 1985

To qualify as an approved public water supply system, McCarty Lane Water Supply, Inc., had to be approved by both the Public Utility Commission and the Texas Department of Health. … The record establishes that the city relied on McDonald’s water system statement and that the planning commission would not have given its final approval to the plat but for the signed water system statement.

Garcia v. Kubosh

377 S.W.3d 89 · Court of Appeals of Texas · Jun 18, 2012

See Northwood, 73 S.W.3d at 313 (citing Jones, 8 S.W.3d at 638 ); Jones, 8 S.W.3d at 638 (distinguishing, in appeal from final judgment, between immunity from suit and immunity from liability and not addressing court of appeals's … Winn, 542 U.S. 88, 127 , 124 S.Ct. 2276, 2300 , 159 L.Ed.2d 172 (2004) ("The exercise of federal jurisdiction does not and cannot establish jurisdiction.”). . See Tex.

In Re Pack

996 S.W.2d 4 · Court of Appeals of Texas · Aug 12, 1999

The health and safety code clearly provides that it is not. Whether such testimony is relevant to re-lators’ medical malpractice claims is not before us. … Moreover, a discussion of whether Drake and Reed are qualified to testify as experts would be premature. Like relevance, that issue must first be raised in and addressed by the trial court.

Corrigan, Lee Halpin v. Heubler

167 S.W. 159 · Court of Appeals of Texas · Apr 25, 1914

While the evidence may not, perhaps, be quite so strong to establish that the relationship existing between Gilkison and Corrigan, Lee & Halpin was that of master and servant as was the evidence in Wallace’s Case to establish … Appellee was a carpenter, familiar with the strength of the character of lumber in question, and sufficiently qualified himself as an expert to testify as to the relative strength of a good piece of ship-lap lumber, and the

Holcomb v. Spikes

232 S.W. 891 · Court of Appeals of Texas · Jun 6, 1921

Provision is made for the appointment of an Assistant Director and other officers during the decennial census period; in other words, to establish a census office. Sections 915-919. … Clearly the law contemplated that they shall take official notice of the fact.

Lubbock Independent School Dist. v. Lubbock Hotel Co.

62 S.W.2d 274 · Court of Appeals of Texas · Apr 22, 1933

In other .words, it clearly appears that, at the time the receiver was appointed, appellee could not continue business, except by the grace of its lien creditors. … The right to institute suit to establish its debt against appel-lee, to establish and foreclose its tax lien, and to have issued and executed an order of sale for the payment of such debt.

City of Houston v. Moody

572 S.W.2d 13 · Court of Appeals of Texas · Jun 8, 1978

That statute clearly applied such maturity dates only to debts secured by a pledge of taxes levied or a pledge of preliminary or construction bonds. … As we held in the Lower Colorado River Authority case, a vote of the qualified property taxpaying voters of this *16 district is not necessary to the validity of these bonds.

Dunn v. Sears Roebuck and Co.

371 S.W.2d 731 · Court of Appeals of Texas · Sep 19, 1963

The answer of the jury that no damages resulted establishes that the verdict was based on bias and prejudice because the undisputed evidence shows substantial damages. 3. … what occurred not for the purpose of convincing the panel, but for the purpose of judging the jurors’ background, he was seeking information about their background and business experience so he could judge who was best qualified