Case law

Travelers Insurance Company v. Solomon

454 S.W.2d 765 · Court of Appeals of Texas · Mar 18, 1970

Solomon qualified for benefits beyond those already paid to him. … determined and the rights of the parties established thereunder.

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

28 Tex. Civ. App. 92 · Court of Appeals of Texas · Jan 25, 1902

If he is qualified to speak, and the jury believes that his opinion is fairly and truly given, his testimony would aid them in arriving at a conclusion. … This conclusion is clearly in accord with the rules of law governing the admission of such evidence, and is in line with the decision in Cooper v.

Skelly v. King

443 S.W.2d 953 · Court of Appeals of Texas · Jun 30, 1969

The limitations placed in the damage issue and again in each of the five elements therein are definite and clearly limit the consideration of the jury to the injuries suffered by the plaintiff on June 21, 1966. … Defendant’s point six alleges that the loss of earning capacity was not established with sufficient certainty to enable the jury to intelligently determine the resulting loss.

Gotcher v. Barnett

757 S.W.2d 398 · Court of Appeals of Texas · Jun 23, 1988

If the factual allegations in the defaulting party’s motion and affidavits would negate conscious indifference, and if the party who obtained the default judgment fails to controvert those allegations, Strackbein clearly … Appellants will have satisfied Craddock’s second prong if any one of their defenses qualifies as meritorious. The Moving Co., 717 S.W.2d at 120 .

Pecos & Northern Texas Railway Co. v. Willliams

34 Tex. Civ. App. 100 · Court of Appeals of Texas · Dec 19, 1903

The evidence to the effect that appellee and her father were too poor to employ a physician was clearly admissible in explanation, as offered, of the fact developed by appellant on cross-examination that no physician had … Appellee’s evidence, which has been established by the verdict of the jury, was to the effect that she was a passenger whose known destination was.

Schwingle v. Keifer

135 S.W. 194 · Court of Appeals of Texas · Feb 1, 1911

Through all her testimony it is clearly shown that appellant’s conception of the relationship of a wife was one created by cohabitation, and which was destroyed when cohabitation ceased. … Every one acquainted with the parties and the repute they ha.ve in the community is qualified to testify as to the reputation of marriage or not.

Berger v. Kirby

135 S.W. 1122 · Court of Appeals of Texas · Mar 11, 1911

Kirby as administrator, who qualified by giving bond in the sum of $70,000, with American Bonding Company of Balti *1124 more, Md., as . surety. … We are of opinion that the overwhelming preponderance and great weight of the evidence so clearly establishes that tbe appellant was a common prostitute and lived with A.

Parker v. Harris County Drainage Dist. No. 2

148 S.W. 351 · Court of Appeals of Texas · Apr 5, 1912

At the same term of the court three commissioners were appointed as provided by the act, who duly qualified as such. … That such was the purpose is clearly shown by the emergency clause of the act.

Metro Ford Truck Sales, Inc. v. Davis

709 S.W.2d 785 · Court of Appeals of Texas · May 14, 1986

He was qualified to testify from his own knowledge as to his profit margin. Such evidence was admissible and uncontroverted by Keller. … The evidence in the case at bar, which was both uncontroverted and admitted without objection, clearly and with reasonable certainty establishes the amount of Davis’ lost earnings.

Melvin Eugene Fletcher v. State

474 S.W.3d 389 · Court of Appeals of Texas · Aug 20, 2015

Moreover, Blankenship makes clear that “no formulaic questioning” or “script” is required to establish a knowing and intelligent waiver. 673 S.W.2d at 583. … Bowersox, 720 F.3d 979, 986 (8th Cir. 2013) (“[I]t would not be an unreasonable determination of clearly established federal law for the state court to decline to impose a heightened standard of competency, as Edwards announced

Brazos River Conservation & Reclamation Dist. v. Costello

169 S.W.2d 977 · Court of Appeals of Texas · Feb 26, 1943

The bill of exception as qualified and the statement of facts both establish that no such objections as set forth in subdivisions “b” and “c” of said points, respectively, were made to the questions or testimony under consideration … The testimony was admitted on the theory that the witnesses had qualified as experts.

Panola County Commissioners Court v. Bagley

380 S.W.2d 878 · Court of Appeals of Texas · Jun 9, 1964

It is not the purpose of the summary judgment rule to provide either a trial by deposition or a trial by affidavit, but rather to provide a method of summarily terminating a case when it clearly appears that only a question … Appellees say appellant’s effort to qualify his deposition testimony is only an effort to impeach his previous testimony and the court was correct in disregarding it.

Zapata County v. Llanos

239 S.W.2d 699 · Court of Appeals of Texas · Apr 4, 1951

that part of the judgment relating to Share No. 4 (the Luz Hein Share) of the Varal Pasture should be reversed, and that portion of the judgment relating to Share No. 2 (the Isabel Hein Share) should be modified so as to clearly … This was not a public road nor one established’ by prescription.

Exxon Corporation v. West

543 S.W.2d 667 · Court of Appeals of Texas · Oct 7, 1976

Whitson, a petroleum engineer, both of whom were employed by Exxon and who were qualified as expert witnesses on the issues in question. … This method of computation is in accord with the stated purpose of the Maximum Reserve Study, and the increase in the net sand count in this manner was clearly beneficial to the Wests.

Cheatham v. Mann

133 S.W.2d 264 · Court of Appeals of Texas · Nov 2, 1939

total of all; that with full knowledge that all the property' so dealt with by her husband in his will had belonged to the community estate between them, and after having received legal advice to the efifgíít that if she qualified … In determining his purpose and intention we must be guided by the well-established rules laid down by our courts for ascertaining the purpose and intention of the testator.”

Salmon v. Salmon

406 S.W.2d 949 · Court of Appeals of Texas · Jun 24, 1966

Any one of her brothers or other relatives could have qualified under the wording of the fourth issue for the value of services not conditioned on the finding of an express oral contract. … The verdict is not so against the great weight and preponderance of the evidence as to be clearly wrong. In holding as we have there is no necessity to discuss the appellees’ cross-points of error.

Guest v. Wilson

81 S.W.2d 812 · Court of Appeals of Texas · Mar 20, 1935

Guest on December 3, 1930, applied to the probate court of Lamar county for letters of administration on the estate of Sarah Rogers, deceased, was duly appointed, qualified, and filed his claim, which claim was approved March … W. 578 , 579, it is said: “According to the principle established in this court ever since the decision in the case of Robertson v.

Houston Belt & Terminal Ry. Co. v. Lynch

185 S.W. 362 · Court of Appeals of Texas · Mar 20, 1916

what plaintiff admitted it was, and there was no sufficient evidence to justify the jury in discarding all the testimony, both of plaintiff and of defendant, and finding a less value of said property at said time than was established … It clearly appears that no witness testified that the market value of plaintiff’s property immediately after the acts complained of was less than $1,500.

Jemarcus Latron Green v. State

495 S.W.3d 563 · Court of Appeals of Texas · Jul 7, 2016

The State moved to compel her testimony on the promise of use immunity, and the trial court granted the motion. … App. 2008) (“The failure to preserve jury-charge error is not a bar to appellate review, but rather it establishes the degree of harm necessary for reversal.”).

Anguiano v. State

774 S.W.2d 344 · Court of Appeals of Texas · Jun 22, 1989

Simply quoting a price, even without ‘protracted negotiations,’ apparently suffices to establish an offer or agreement. Id. at 942 . … At that point, appellants objected on the basis that Munoz was not qualified as an expert in the law in order to state such a “conclusion.”