Case law

McCrory v. State

627 S.W.2d 762 · Court of Appeals of Texas · Dec 23, 1981

The court held that the witness was qualified to give his opinion as to the value based upon information gained from sources other than personal observation. … The owner had no experience in the automobile *763 business, and based his opinion upon newspaper ads, which are clearly hearsay. The court held the owner’s opinion to be admissible evidence, citing Esparza v.

Davis Transport, Inc. v. Bolstad

295 S.W.2d 941 · Court of Appeals of Texas · Nov 15, 1956

But all the evidence clearly warrants the inference that the Egleson truck collided with Bolstad’s truck, generally speaking, from the rear. … Such trifling matters have never been held reversible error in our jurisdiction even when clearly improper. Here, in view of the testimony of Dr.

Cottle v. Knapper

571 S.W.2d 59 · Court of Appeals of Texas · Aug 31, 1978

evidence,” a Court of Civil Appeals must examine all of the evidence and reverse and remand for a new trial if it concludes that the verdict or finding is so against the great weight and preponderance of the evidence as to be clearly … A witness may be asked, assuming he or she knows or is a properly qualified expert, whether the grantor knows or had capacity to know the object of his or her bounty, the nature of the transaction in which he or she was engaged

Washington Fidelity Nat. Ins. Co. v. Williams

33 S.W.2d 796 · Court of Appeals of Texas · Oct 11, 1930

The court qualified this bill by stating that, at the time the jury went out for deliberations, he told them that he did not have the pleadings in the case, but that he would send such pleadings to them as soon as he got … Bratton, supra, shows that the error was not the reference to the pleadings, but in assuming the facts set out in the pleadings to have been established.

Panhandle Bank & Trust Co. v. Graybar Elec. Co., Inc.

492 S.W.2d 76 · Court of Appeals of Texas · Feb 26, 1973

The manner in which the Bank credited certain payments on outstanding promissory notes is not clearly shown, and it is indicated that certain payments made by Bryant Bros, were credited to indebtedness other than the notes … In order to qualify for the exemption, it must be shown that a corporate surety bond was provided in the full amount of the contract and that the terms and conditions of such bond meet the conditions of the contract and satisfy

Von Stein v. Trexler

5 Tex. Civ. App. 299 · Court of Appeals of Texas · Nov 22, 1893

We conclude that the following facts are established by the record: 1. That Sam Maverick was common source of title. 2. That on March 6, 1891, F. E. Grothaus recovered a judgment for 8305 against Sam Maverick. *301 3. … The facts clearly show an outstanding title in the assignee, and he has by the releases given by him transferred his title to appellee. Keating v. Vaughn, 61 Texas, 518 ; Shropshire v.

Texas Employers' Ins. Ass'n v. Heuer

10 S.W.2d 756 · Court of Appeals of Texas · Nov 15, 1928

He had not been able to secure any other kind of employment, and because of his continual suffering would not be able to do hard manual labor, which was all he was qualified or prepared by experience to do. … It is now the established practice to instruct the'jury that affirmative or negative answers to certain questions relieve it of the duty to answer certain other questions. Western Indemnity Co. v. Corder (Tex. Civ.

In re D.S.

833 S.W.2d 250 · Court of Appeals of Texas · May 28, 1992

. ■ An offense is a lesser included offense if 1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged, 2) it differs from the offense charged only … Appellant claims that the State did not properly qualify the deputy to testify about the cause of death.

Cleburne St. Ry. Co. v. Barnes

168 S.W. 991 · Court of Appeals of Texas · Jun 6, 1914

The ruling of the court in the giving, refusing or qualifying of instructions to the jury shall be regarded as approved unless excepted to as provided for in the foregoing articles.” … Clearly, no reason is perceived why an objection to a charge made during the trial of the case should not be as specific as if made to the same charge in an appellate court.

Cabaness v. Holland

19 Tex. Civ. App. 383 · Court of Appeals of Texas · Oct 12, 1898

This testimony was clearly admissible. … The witness’ familiarity with the handling of stock and his knowledge of that business qualified him to express an opinion as to the number of cattle contained in the stock owned by Cabaness, and to give the rule in general

Taylor v. Goodrich

25 Tex. Civ. App. 109 · Court of Appeals of Texas · Feb 24, 1897

As observed by a distinguished English judge, it would establish the weakness of judicial-authority in a degrading responsibility. … The court in that case, in persuading itself to the view that a contempt is a criminal case, resorts to argument that is clearly fallacious.

Shepherd v. Ledford

926 S.W.2d 405 · Court of Appeals of Texas · Aug 22, 1996

The stipulation established the existence of the marriage without the necessity of proof, relieved Lahoma of any duty to show compliance with section 1.91, and established her standing to prosecute this suit. … The stipulation established that La-homa was John’s wife, and the evidence established that she is John’s widow.

Hirt v. Werneburg

191 S.W. 711 · Court of Appeals of Texas · Jan 6, 1917

But in both of the cases last referred to it was distinctly held that the common-law rule was qualified by our registration laws. . … Under the operation of these statutes it is well established that a creditor, such as appellant in this case undoubtedly was, who has fixed a lien upon the land of the judgment debtor without notice of an unrecorded conveyance

Colorado & Southern Railway Co. v. Hamm

47 Tex. Civ. App. 196 · Court of Appeals of Texas · Jun 29, 1907

Having concluded that the evidence is properly before us, the assignments of error require the further determination of whether it conclusively establishes appellant’s said special plea. We think it does. … So that, as presented, appellee’s cause of action was clearly .severable and the judgment of May 30, 1905, in appellant’s favor is therefore conclusive, appellee not having appealed therefrom, notwithstanding the reversal

York v. Texas Guaranteed Student Loan Corp.

408 S.W.3d 677 · Court of Appeals of Texas · Aug 8, 2013

But subchapter C of the PIA qualifies the public’s right of access to certain types of “public information.” See id. §§ 552.101-.153. … As for the third, letter ruling 2011-09372, it is clearly distinguishable from the situation here.

Thaxton v. Reed

339 S.W.2d 241 · Court of Appeals of Texas · Jun 17, 1960

incompetent medical testimony carry no probative force, and will not support a judgment even when admitted without objections; (3) the verdict was so contrary to overwhelming weight and preponderance of the evidence as to be clearly … Richards, that was an improper statement to make to a jury”; the bill as qualified going on to say: “The Court does not have an independent recollection at this time as to whether or not a request was made that the jury be

Coker v. Texas Alcoholic Beverage Commission

524 S.W.2d 570 · Court of Appeals of Texas · May 1, 1975

The 1935 amendment directed the Legislature to enact laws “whereby the qualified voters of any county, justice’s precinct or incorporated town or city, may, by a majority of those voting, determine from time to time whether … On the other hand, the only authority on the point is clearly against the applicant’s position. Powell v. Smith, 90 S.W.2d 942, 944 (Tex.Civ.App.

Sullivan v. State

6 Tex. Ct. App. 319 · Court of Appeals of Texas · Jul 1, 1879

being in attendance, counsel *331 for the State proposed to reproduce his testimony taken before the county judge on the preliminary examination, and for this purpose placed on the stand, as a witness, one Ed Titcombe, who qualified … Yet, inasmuch as this species of testimony" is admitted as a sort of judicial necessity, the proof of the facts which constitute the necessity for the departure from general rules ought to be clearly established, before the

Louis v. Parchman

493 S.W.2d 310 · Court of Appeals of Texas · Mar 23, 1973

An inference cannot be based on surmise or speculation, and is without probative force if inconsistent with undisputed or clearly established facts.’ ” Briones v. Levine’s Department Store, Inc., supra. … Clearly, there is no evidence before the court that appel-lee ever operated upon Mrs. Louis’ leg or otherwise treated it.

Western Union Telegraph Co. v. Gorman & Wilson

174 S.W. 925 · Court of Appeals of Texas · Feb 6, 1915

The witness Wilson, after qualifying himself, gave his opinion of the market value of the cattle in question at Ft. … 21.. . 1,005. . 889. . 5.75 . 5.50 38.. . 676. . 5.35 63.. 702. . 5.35 26.. . 515. . 5.15 33.. . 690. . 5.10 23.. . ' 673. . 5.00 22.. . 918. . 5.00 27.. . 810. . 4.65 To this it was objected that it was incompetent to establish