Case law

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

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.

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.

Pecos & N. T. Ry. Co. v. Bishop

154 S.W. 305 · Court of Appeals of Texas · Feb 1, 1913

The verdict of the jury established the facts that appellees applied to the defendants’ station agent at Tulia, Tes., for cars to ship 133 head of cattle from that point to Kansas City. … The answer above given was clearly responsive to the question. He was asked if there was any “unusual jerking.” He responded that, with one exception, he never saw a train handled so roughly.

Suthers v. Booker Hospital District

543 S.W.2d 723 · Court of Appeals of Texas · Nov 10, 1976

It follows that it was error for the trial court to submit the question of law embraced in special issue no. 1 to the jury, and the question is one to be resolved by established principles of law. … To qualify as one for whose benefit the contract was made, the third party must show that he is either a donee or a creditor beneficiary of, and not one who is benefited only incidentally by, the performance of the contract

Phillips Petroleum Co. v. Rudd

226 S.W.2d 464 · Court of Appeals of Texas · Oct 6, 1949

Facts upon whch an inference may legitimately rest must be established by direct evidence, as if they were the facts in issue. One presumption cannot' be based upon another presumption.” … They state no facts sufficient to show themselves qualified to express their conclusions that there was such cessation of work. Such evidence is not sufficient basis for the jury verdict rendered. Gulf C. & S. F. Ry.

Huckabee v. State

431 S.W.2d 927 · Court of Appeals of Texas · Sep 5, 1968

as qualifying it to the recovery provided for by the law of the Pieratt case, supra. … Appellant’s testimony clearly shows that he was including the value of his business as a “going concern” or “goodwill”, even though he would not say so specifically, and this substantially affected the value he placed upon

Davis v. State

884 S.W.2d 514 · Court of Appeals of Texas · Aug 2, 1994

The Fourteenth Amendment’s Equal Protection Clause prohibits the use of peremptory strikes to exclude otherwise qualified and unbiased persons from a jury solely because of their race. Batson v. … Furthermore, the evidence does not establish that Davis was entitled to a voluntary manslaughter charge.

Carter v. Tomlinson

220 S.W.2d 351 · Court of Appeals of Texas · Mar 11, 1949

The court’s action in this respect will be disturbed upon appeal only when an abuse of discretion clearly appears * * * ” 24 Tex.Jur., p. 121, sec. 85. … “Except to the extent that jurisdiction is conferred by statute or that the subject has been regulated by statute, the *355 courts have no power to interfere with the judgments of the constituted authorities of established

City of Houston v. Carlson

393 S.W.3d 350 · Court of Appeals of Texas · Dec 4, 2012

The City filed a motion for new trial, requesting to “better establish the record” for appeal, which the district court granted. … The City argues the verification requirement is jurisdictional because statutory waivers of governmental immunity must *357 be strictly construed.

Rice v. State

753 S.W.2d 726 · Court of Appeals of Texas · Jun 1, 1988

Trial counsel was clearly motivated by trial tactics. Ewing, 549 S.W.2d at 395 . … The relevance of the needle marks in that case was tenuous and clearly outweighed by the prejudicial effect.

Bos v. Smith

492 S.W.3d 361 · Court of Appeals of Texas · Mar 10, 2016

Larry failed to offer persuasive evidence that he was immune for his defamatory statements. He did not prove good faith. … On the facts of this case, the Court finds there is no other immunity or privilege, absolute or qualified, that protects Larry from liability for his defamatory statements for which judgment is rendered.

Bell & Graddy, Inc. v. O'Brien

113 S.W.2d 560 · Court of Appeals of Texas · Feb 10, 1938

Taylor receiver, who qualified and took charge of the properties. … In another decree of same date, filed December 15, 1933, the claim of Louisiana Iron & Supply Company in the sum of $1,416.12 was established as a claim against all parties to the suit and ordered paid out of funds deposited

Phelps v. Thurber Brick Co.

62 S.W.2d 596 · Court of Appeals of Texas · Jun 7, 1933

Keelan, as being the owners of the property had any title to it on those dates, May 23 and 24,1928, the qualified fee therein being then owned and held by Frank C. H. … parties to the suit were incapable of ascertainment, that the records did not clearly disclose the amount of interest of each defendant, that plaintiff was unable to determine the rights'and interests of 'said defendants,

Dilling v. Nationsbank, N.A.

897 S.W.2d 451 · Court of Appeals of Texas · Mar 29, 1995

The standards for reviewing a motion for summary judgment are well established. … Principals should not be able to turn frauds and cheats loose on the public and expect to be immune from the consequences of these agents’ misdeeds. Id. at 1006.

Cecil v. Wise

109 S.W.2d 214 · Court of Appeals of Texas · Sep 24, 1937

Plaintiff further prayed that upon payment of the sum due as established by such accounting, the court require and compel the reconveyance of said land by defendant to the plaintiff, etc. … Any weakness in the title of Cecil to the note was passed on as a weakness in the qualified title of Wise.

Abilene & S. Ry. Co. v. State

199 S.W. 878 · Court of Appeals of Texas · Apr 12, 1917

the Texas intrastate rates to the level of the interstate rates found by the Interstate Commerce Commission to be just and reasonable and fixed and prescribed in Texas Lines Tariff 2B; that said rights, privileges, and immunities … The preceding provision of said section, to which the word `aforesaid' refers, clearly shows that the `transportation' contemplated is solely such as is purely interstate.

Producers' Oil Co. v. State

213 S.W. 349 · Court of Appeals of Texas · May 22, 1919

It has no special immunities and privileges when litigating with the citizen. … There was no distinct charge by the court that the burden of the proof was on plaintiff; but, considering the charge ás a whole, it clearly appears that the burden of proof ,was upon plaintiff to establish by evidence the

Houston Independent School Dist. v. Reader

38 S.W.2d 610 · Court of Appeals of Texas · Apr 3, 1931

Taylor were appointed commissioners and duly qualified. … From the testimony given by Davis, it is clearly apparent that the jury was permitted *613 to receive bis estimate of the value of appel-lee’s land at the time it was taken by appellant.