Case law

Speed v. Sadberry

190 S.W. 781 · Court of Appeals of Texas · Nov 11, 1916

The court qualifies plaintiff’s bill of exception upon which this assignment is predicated as follows: “There was no specific evidence of a default in payment of interest, the defendant showing that, while he did not pay … To establish a forfeiture it was necessary to show at least a substantial compliance' with the requirements of the statute concerning forfeitures, and a failure to establish any matter, act, or condition, required or provided

Patton v. Saint Joseph's Hospital

887 S.W.2d 233 · Court of Appeals of Texas · Dec 14, 1994

Soefje , however, is clearly distinguishable. … To establish a valid claim of lack of informed consent, Patton must establish all the elements of lack of informed consent, including “establish[ing], on the merits, that [she] developed the non-disclosed risks or hazards

Sharpe v. State

17 Tex. Ct. App. 486 · Court of Appeals of Texas · Jan 31, 1885

This objection is clearly not tenable, because the evidence establishing defendant’s guilt is direct and positive, and not of a circumstantial character. … We think the jurors were qualified to try the case. (Ellison v. The State, 12 Texas Ct. App., 557.)

Langford v. Bivins

225 S.W. 867 · Court of Appeals of Texas · Dec 1, 1920

Appellant’s telegram of October 21st clearly indicates that the draft would not be paid until after the abstract was examined ánd the title approved. … Although in the fourth telegram appellant states he will take the lease, by the subsequent language of the telegram, and of supplemental telegram No. 7, he so qualifies his acceptance as to make it of no effect.

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.

James v. Texas Department of Human Services

836 S.W.2d 236 · Court of Appeals of Texas · Jul 7, 1992

Together, all the evidence clearly leads to the factual findings made by the jury. James is mentally ill: a paranoid schizophrenic who, at the time of trial, resided in Terrell State Hospital. … The burden of establishing good cause is upon the party offering the evidence and good cause must be shown in the record. 6 .

Hackney v. State

634 S.W.2d 337 · Court of Appeals of Texas · May 5, 1982

The witness Rose was not qualified to testify to the business practices of either the Texas Highway Department or the Texas Department of Public Safety with respect to records kept by such agencies, and the proper predicate … Such evidence could not establish the identity of the driver. As shown by the evidence, this automobile was located by the police officers as a result of the description of the *340 vehicle and the license number.

Smith v. McLin

632 S.W.2d 390 · Court of Appeals of Texas · Apr 22, 1982

His immunizations were not current and he spent most of his time being cared for by an infirm, eighty year old woman. … This admittedly sufficient State interest is qualified, however, by the rule of the Hendricks case.

Joseph v. Puryear

273 S.W. 974 · Court of Appeals of Texas · Mar 18, 1925

Clearly he was not qualified to answer the question propounded. … Failing to do so, the rule is well established that if there is sufficient competent evidence to support his judgment, it will be presumed that the court disregarded the incompetent evidence.

Foley v. Northrup

47 Tex. Civ. App. 277 · Court of Appeals of Texas · Oct 23, 1907

Rep., 337 : “Without resting its application to be determined by the shadowy and indefinable line that distinguishes gross from ordinary negligence, a somewhat more specific rule has been established by our decisions. … The evidence clearly showed that appellant was utterly indifferent to the rights of others and was embued with a “conscious indifference to consequences.”

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

Sandoval v. Rattikin

395 S.W.2d 889 · Court of Appeals of Texas · Feb 25, 1965

It was clearly shown that potent evidence could have been produced at the trial to establish that the purported deed to Bosquez was a mortgage and that Rattikin had knowledge or notice of such fact. … One meaning relates to a lawyer who is duly admitted to the bar and is qualified generally to practice law.

City of Houston v. Leach

819 S.W.2d 185 · Court of Appeals of Texas · Sep 26, 1991

Facts existing both before and after an event in controversy are relevant to establishing the cause of that event. … Clearly, the civil service commission and city council are charged with creating and passing rules and regulations to prevent discrimination in city employment.

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.

English v. McCorkle

157 S.W.2d 965 · Court of Appeals of Texas · Nov 21, 1941

These authorities do not establish the proposition contended for bv the appellant. The case of Pickens v. Pickens deals with the death benefits payable under the act. … employee’s death such money was released from exemption in his favor and passed to his heirs subject to payment of community debts, which employee’s widow as survivor in community had the right to pay, although she had not qualified

Terrell v. Munger Farm Co.

129 S.W.2d 407 · Court of Appeals of Texas · May 12, 1939

We think that the lease contains language clearly providing that successive wells must be drilled in order to keep the lease in force, and that this was not done, and clearly providing that a lapse of operation for four months … shall work a forfeiture, and that the language clearly covers drilling operations, and that operations lapsed for more than four months.

City of Fort Worth v. Miller

336 S.W.2d 296 · Court of Appeals of Texas · May 13, 1960

the City contends that it is entitled to judgment in the stead of the plaintiff, or, in the alternative, is entitled to another trial, in that certain testimony as to value of plaintiff’s property was from a witness not qualified … be involved and an unnecessary burden carried by the plaintiff as the result of the injection of “foreseeability” into the question of causation), was both competent and sufficient, and all the evidence complained of was clearly

Ledgerwood v. Dashiell

177 S.W. 1010 · Court of Appeals of Texas · Jun 9, 1915

Further, the petition in bankruptcy was filed April 13, 1911, but the final adjudication was not made until November 13, 1911; Ledgerwood qualifying as trustee on December 6, 1911. … Neither does it make any difference when Ledgerwood qualified as trustee.

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

Marable v. State

840 S.W.2d 88 · Court of Appeals of Texas · Sep 22, 1992

The largest of the two patches was clearly visible from the bam. … To qualify under this exception, the witness must be unavailable.