Case law

Shannon v. Frost National Bank of San Antonio

533 S.W.2d 389 · Court of Appeals of Texas · Dec 31, 1975

Civ.Stat.Ann. arts. 7425b-48, 7425b — 48a), permits any bank or trust company qualified to act as a fiduciary in Texas to establish a common trust fund for the purpose of furnishing investment to itself as fiduciary, or to … However, her initial request to withdraw funds from the trust estate clearly indicated that she was unaware of the restrictions on withdrawal resulting from investment in the common trust fund.

Commonwealth Bonding & Casualty Co. v. Hendricks

168 S.W. 1007 · Court of Appeals of Texas · May 9, 1914

Norris, as in any way establishing the cause of the death of the insured Hendricks; but you must make your findings on other testimony, if any, introduced in the case." … Norris in the certificate, in the absence of any direction by the court qualifying or limiting the use to be made of it, was considered by the jury in determining the cause of Mr.

J. I. Case Threshing MacH. Co. v. Webb

181 S.W. 853 · Court of Appeals of Texas · Dec 23, 1915

He then says: ‘It follows, then, that if the proof tended to establish fraud upon the part of appellant in inducing the execution of a contract, the evidence was admissible. … On this issue it was clearly admissible.” We think the decisions1 of the Texas courts above cited are decisive of the question now under consideration, and are amply sustained by courts of other states. Barrie v.

Lawrence v. Coffield

468 S.W.2d 544 · Court of Appeals of Texas · Jun 2, 1971

The rule is established in Texas that where a testator disposes by will of property not his own, and the will also provides benefits for the real owner which the latter would not otherwise enjoy, such owner may by express … This is unsound, since her right to the whole is clearly subject to the testator’s right to will his half to another.

Gulf, Colorado & Santa Fe Railway Co. v. Hanks

308 S.W.2d 165 · Court of Appeals of Texas · Dec 13, 1957

The admissions of a party are specially valuable when clearly established. The weight and probative force to be given particular admissions is a matter for the trier of the facts. … If the evidence had been admitted, the appellee would, of course, have had every *169 opportunity to qualify and explain the offers of sale.

Wiseman v. State

394 S.W.3d 582 · Court of Appeals of Texas · Jul 31, 2012

And on redirect, the State revisited the issue and clearly developed what it wanted to show, i.e., that teens do not lie as a matter of course. … The State gave him use immunity, and the trial court ordered him to testify or risk being jailed for contempt. . We note the evolution of the expert testimony since 2002.

Oliver v. Hutson

596 S.W.2d 628 · Court of Appeals of Texas · Mar 12, 1980

“However, expert testimony on this factor is clearly admissible and may be necessary to the plaintiff’s ease.” Id. at 252 . … If there is, plaintiff has established a factual dispute on the ultimate negligence issue. Mobil Chemical Company v. Bell, 517 S.W.2d 245, 252 (Tex.1974). 3 .

In re State ex rel. Skurka

512 S.W.3d 444 · Court of Appeals of Texas · Jun 13, 2016

898 (Tex.Crim.App.1984) (stating that a court with jurisdiction has the power to determine “all essential questions” and “to do any and all things with reference thereto” as authorized by the Constitution, statutes, or established … Its purpose is to stimulate the production of information for trials, and it rewards an attorney’s creative efforts by giving his work product a qualified privilege from being shared with others.

Crockett v. Sampson

439 S.W.2d 355 · Court of Appeals of Texas · Mar 12, 1969

Breeding” Clearly, this case does not support appel-lee. In Aztecs the jurat was not dated. The Court held dating was not required to its validity. … Also, Cassity and Aztecs were before an affidavit was, by Art. 23, required to bear certification under seal by a qualified official. We agree with the Connecticut Court.

Fox v. Amarillo National Bank

552 S.W.2d 547 · Court of Appeals of Texas · May 23, 1977

The Probate Code qualifies the typewritten 1975 will for probate if the issues of competency, execution and witnessing of the unrevoked will are proved; and, if these issues are favorably resolved, the admission of the will … findings is not so weak, or the contrary evidence is not so overwhelming, as to warrant the setting aside of the findings, and that the findings are not so against the great weight and preponderance of the evidence as to be clearly

Pounds v. Jenkins

157 S.W.2d 173 · Court of Appeals of Texas · Oct 21, 1941

Appellant’s 5th proposition is: “The plaintiffs in this cause having two inconsistent remedies at law, one to establish an ownership of certain property as against all adverse claimants, and the other to establish a money … Jenkins qualified as executor of the estate of J. E. Ly-dick, deceased, and was substituted as a party plaintiff in that case.

Williams v. State

864 S.W.2d 81 · Court of Appeals of Texas · May 19, 1993

The State argues that Williams failed to establish sufficient evidence at the hearing that would have provided the trial court with a basis for the new trial. … We do not feel that he qualifies as an accomplice ... He’s not a party to the offense any more than [undercover officer] Dan Hall would have been had Dan Hall walked in and made the purchase ...

GALVESTON TRANSIT COMPANY v. Morgan

408 S.W.2d 728 · Court of Appeals of Texas · Nov 17, 1966

The answers made by the jury to these issues were not so contrary to the great weight and preponderance of the evidence as to be clearly wrong. Figueroa v. … The statement cannot qualify as a “short hand rendering of the facts,” but was an opinion or conclusion based on facts which could have been presented to the jury.

Foley Bros. Dry Goods Co. v. McClain

231 S.W. 459 · Court of Appeals of Texas · May 20, 1921

These rules and regulations were clearly understood by the appellee. … It was clearly held, however, in Simmons v.

Applebaum v. Michaels

384 S.W.2d 148 · Court of Appeals of Texas · Oct 13, 1964

We further hold that the jury’s award of $17,500.00 for personal injuries (Issue No. 4) to plaintiff was not excessive -under the record in this cause; $7,000.00 of same can clearly be supported for pain and suffering, past … would see him later, the appellee would be unable to rest at night due to tlie pain in the shoulder after working, and he advised him to just stop work, it being the final opinion of the doctor that the appellee was not qualified

Western Union Telegraph Co. v. Bailey

184 S.W. 519 · Court of Appeals of Texas · Jan 27, 1916

by an act of Congress been made subject to the provisions of the Interstate Commerce Law, which alone must be looked to in determining their liability for damages and the validity of their contracts designed to limit or qualify … There being no question which enables the federal Supreme Court to apply its own rules for determining the measure of damages, we feel it our duty to adhere to the established judicial policy of this state. In Young v.

Echart v. E. G. Senter & Co.

474 S.W.2d 14 · Court of Appeals of Texas · Nov 19, 1971

of a clearly expressed intention of the testator to grant to them only a life estate. … We hold that the addition of these words in no way changed the bequest of the remainder or qualified it in any way.

St. Mina Auto Sales, Inc. and Victor S. Elgohary v. Najwa Al-Muasher, D/B/A American Auto Sales, D/B/A American Auto Sales 1.1

481 S.W.3d 661 · Court of Appeals of Texas · Oct 6, 2015

In other words, Elgohary cannot rely on Mina’s July 18, 2014 original notice of appeal to establish that he timely perfected his appeal. See TEX. R. APP. … Paul’s docketing statement, filed the same day as its notice of appeal, expressly and clearly listed its interest in the appeal. Id. at 839.

Pearson v. Lloyd

214 S.W. 759 · Court of Appeals of Texas · Jun 12, 1919

forth the Kate Weaser judgment as a bar to appellants’ recovery, alleged that Kate Weaser was appointed temporary administra-trix of the estate of George Gostick, deceased, on the 20th day of May, 1908, and'that she duly qualified … It was there further held: “The general rule is well established that a judgment rendered by a court, even of general jurisdiction, is void if it had, at the time of the rendition of the judgment, no jurisdiction of the person

Conyer v. Burckhalter

275 S.W. 606 · Court of Appeals of Texas · May 9, 1925

The cause of restraint alleged in the' petition for the writ clearly excludes the existence of any fact in connection 'with the restraint of the child that would tend to class same as a criminal case. … the contention being that the cross-examination objected to was not permissible, although for "the purpose of showing his interest in the subject-matter of the suit, because said testimony would have deprived him of his immunity