Case law

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,

Kingsbury v. Waco State Bank

30 Tex. Civ. App. 387 · Court of Appeals of Texas · Nov 12, 1902

Kent was appointed and qualified as trustee of his estate in bankruptcy, and after this, before the trial, Kingsbury died. … The error, if any, in admitting this testimony was cured by the admission of Duncan McLennan that said business was carried on in his name, this being the only fact established by said directory.

Tide Water Oil Co. v. Bean

148 S.W.2d 184 · Court of Appeals of Texas · Jan 22, 1941

In addition, relator,strongly asserts that the evidence clearly shows that a question involving title to land is involved. … So where there are successive provisos, the qualifying terms of the last will be understood as referring to the one next preceding.” In a similar situation presented to the Supreme Court of Tennessee, in Frix v.

City of Fort Worth v. Barlow

313 S.W.2d 906 · Court of Appeals of Texas · May 2, 1958

Plaintiff was a veteran, qualified for medical service in a Government hospital by virtue of Title 38 U.S.C.A. § 250-1 et seq. … A qualified witness testified as to the daily wages of registered and practical nurses. Plaintiff was entitled to a finding of probable, reasonable cost of such services in his home county.

Miller Mutual Fire Insurance Co. of Texas v. Ochoa

432 S.W.2d 118 · Court of Appeals of Texas · Sep 12, 1968

As such, appellant argues that this is clearly hearsay. … This testimony, as well as the testimony of the appellee and other lay witnesses, established that the appellee had been disabled for a great length of time.

Valerus Compression Services v. Reeves County Appraisal District

478 S.W.3d 20 · Court of Appeals of Texas · Sep 23, 2015

Applicable Law Section 1 of article VIII of the Texas Constitution establishes the constitutional standard for taxation: Sec. 1. … “The phrase ‘as may be provided by law,’ when .used in a constitutional provision establishing a general legal principle or administrative framework, has been held to ‘clearly vest[ ] the Legislature with the authority to

the Board of Trustees of the Houston Firefighters' Relief and Retirement Fund v. the City of Houston, Texas

466 S.W.3d 182 · Court of Appeals of Texas · Jan 27, 2015

A writ of mandamus may issue when the facts and circumstances dictate only one rational decision under unequivocal, well-settled, and clearly controlling legal principles. … Charter or Amendment,” provides as follows: (a) A proposed charter for a municipality or a proposed amendment to a municipality’s charter is adopted if it is approved by a majority of the qualified

Fisher v. Continental Illinois National Bank & Trust Co. of Chicago

424 S.W.2d 664 · Court of Appeals of Texas · Jan 31, 1968

On July 27, 1966, Continental Bank qualified as executor under the will in the Kennedy County proceedings. On November 9, 1966, Edwin K. … Long clearly indicates that the trial court has broad discretion in making application of those penalties which are provided for in the rules. Dow Chemical Co. v.

Hammons v. State

856 S.W.2d 797 · Court of Appeals of Texas · Jun 9, 1993

Lastly, the State is not required to establish deadliness through expert testimony. Denham, 574 S.W.2d at 131 . … Frausto is clearly inapposite on its facts to the instant case. Hammons makes no assertion that the prosecutor mentioned his prior convictions in any way.

Castille v. Southern Iron and Metal

885 S.W.2d 653 · Court of Appeals of Texas · Oct 20, 1994

Castille said that if certain desirable positions came open and if a temporary worker could qualify, then maybe the worker could attain that advantageous position; but, nevertheless, the new arrangement would have to go to … That status is clearly fixed and it is unambiguous for summary judgment purposes. We determine that the documentary evidence eviscerates the granting of the summary judgment.

Security Development Co. v. Hidalgo County Drainage Dist. No. 1

124 S.W.2d 178 · Court of Appeals of Texas · Dec 12, 1938

The appellant challenges as error the action of the court in holding that the defense of failure or want of' consideration had been established by the testimony and refusing it a recovery because the “funding warrant” and … In 14 Tex.Jur. 959, par. 176, the author says: “A reservation or an exception does not require technical terms for its creation; any language is apt which adequately and clearly expresses the intention of the grantor.”

Coastal States Gas Producing Co. v. Lower Colorado River Authority

544 S.W.2d 733 · Court of Appeals of Texas · Nov 24, 1976

We do not consider that the Railroad Commission has the authority to change our contractual relationships with Coastal States Gas Producing Company; therefore, I would like it clearly understood that this particular check … thereto in a court of competent jurisdiction in Travis County against the Commission as defendant . . . ” The general rule is announced by numerous cases that orders of the Commission within its delegated authority are immune

Melmat, Inc. v. Texas Alcoholic Beverage Commission

362 S.W.3d 211 · Court of Appeals of Texas · Feb 29, 2012

She also observed that Un Suk Chu, El Cubo’s owner, was present in the establishment. … And it makes no argument that it would qualify as a private club. Accordingly, El Cubo has failed to show that the TABC’s order was affected by an error of law.

Jefferson County Constables Association v. Jefferson County, Texas

512 S.W.3d 434 · Court of Appeals of Texas · May 5, 2016

“[A] deputy constable must qualify in the manner provided for deputy sheriffs.” TEX. LOC. GOV’T CODE ANN. § 86.011. … However, we do not interpret such language as operating to exclude deputy constables, who work in a county law enforcement office established by the Texas Constitution.

TEXAS EMP. INS. ASS'N v. Bewley

560 S.W.2d 147 · Court of Appeals of Texas · Dec 1, 1977

Where the contract between the parties fails to establish the status of the workmen, an employee-employer relationship may be established circumstantially by evidence of actual exercise of control. … By submitting Special Issue No. 11, the plaintiff clearly elected to prove compensation under Section 1(1) of Art. 8309, supra.

Meekey v. Rick's Cabaret International, Inc.

171 S.W.3d 394 · Court of Appeals of Texas · Jul 14, 2005

A statute that deprives a person of a common law right will not be extended beyond its plain meaning or applied to cases not clearly within its purview. St. Luke’s Episcopal Hosp. v. … The Consumer Credit Commissioner is no more qualified to make that determination than a trial court or jury.

Distefano v. State

532 S.W.3d 25 · Court of Appeals of Texas · Feb 9, 2016

This statement does not establish that the trial court failed to conduct the balancing *32 test. … —Dallas 1992, pet. ref'd) (“The indictment need not allege evidentiary matters for the purpose of notice when the charging instrument clearly states the offense charged.”).

Sun Pipe Line Co., Inc. v. Kirkpatrick

514 S.W.2d 789 · Court of Appeals of Texas · Sep 19, 1974

Fletcher, supra, and continued: “Under our law it is clearly required, in a case such as the present, before an injured suitor may recover, that he obtain fact findings of actionable negligence. … act of spraying chemicals on weeds upon its right-of-way which drifted onto plaintiffs’ crops was “the result of negligence or accident” and the district could not be held liable because of the doctrine of governmental immunity

Adams v. Woodall

289 S.W. 728 · Court of Appeals of Texas · Dec 16, 1926

Roberts qualified as such receiver on the 7th day of September, 1926. He resigned as such receiver on the 13th day of September, 1926, and on the same day the judge appointed one S. B. … now being produced and saved from premises; that the market is falling, and will continue to fall, and it will be a great loss to them if this receivership is granted, and will be a great loss to all parties should they establish

State Ex Rel. Pan American Production Co. v. Texas City

295 S.W.2d 697 · Court of Appeals of Texas · Nov 1, 1956

Appellants cite cases holding that the word “adjacent” is of elastic meaning, to be determined by the context in which used, surrounding facts and circumstances, and the subject matter which it qualifies. … He must establish such invalidity “clearly or beyond a reasonable doubt, and must overcome, by facts judicially known or proved, not only the evidence sustaining constitutionality, but any state of facts which can be reasonably