Case law

Spence v. State

1 Tex. Ct. App. 541 · Court of Appeals of Texas · Jul 1, 1877

This last statement was allowed by the court to go to the jury, over the •objections of the counsel for the defendant, who insisted that the witness had not qualified himself to testify as to the ■character of Mrs. … The caption of this last act is as follows : “ An act to amend Articles 757 and 766 of an act to adopt and establish a penal code for the state of Texas. “Article 757.

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.”

American Ins. Union Inc. v. Keith

86 S.W.2d 263 · Court of Appeals of Texas · Sep 20, 1935

A qualifying clause was therefore necessary to provide for “a proper adjustment” of rates or premiums, as to them. … The “rider,” furnished the appel-lee by the company to be attached to her policy clearly informed her of the premiums she would have to pay, and its terms fully ratified the contract made by her representatives on June 30

Lindsey v. Panhandle Const. Co.

46 S.W.2d 339 · Court of Appeals of Texas · Jan 20, 1932

The prayer is for the establishment of the lien against lot 23, block 57, in the Overton addition, now held by Mrs. Lindsey as her separate property and homestead and that the lien be foreclosed. … Lindsey against the plaintiff and against the Ricketts, respectively, were clearly and definitely disposed of by the two orders entered on June 11,1931, sustaining the pleas and dismissing Mrs.

Glenn v. Dallas County Bois D'Arc Island Levee Dist.

275 S.W. 137 · Court of Appeals of Texas · Oct 6, 1923

in this respect depended upon the' judgment of the . commissioners’ court creating the district, the proper selection of the board of supervisors, the selection by that board of the commissioners of appraisement, their qualifying … Therefore the judgment entered by the commissioners’ court .on the proceedings had for the purpose of establishing its *143 existence, was, in the very nature of things, intended by the Legislature to be immune from collateral

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.”

White v. Southwestern Public Service Co.

626 S.W.2d 580 · Court of Appeals of Texas · Dec 4, 1981

This, of course, is not the case here and these cases are clearly distinguishable. In point three appellant alleges error in the trial court’s admission of testimony by appellant’s witness Bill Moore. … This rule has been followed in many cases and appears to be well established. See,' e.g., State v. Baker Bros. Nursery, 366 S.W.2d 212, 214 (Tex.1963).

White v. Hebberd

89 S.W.2d 482 · Court of Appeals of Texas · Jan 2, 1936

White, and James Lee Hebberd made application for letters testamentary and were duly qualified as independent executors under Mrs. … Appellant’s position is that his petition was sufficient to state four different causes of action, viz.: For partition; to establish a lien on the property; to establish his interest in the property; and for construction

Leache v. State

22 Tex. Ct. App. 279 · Court of Appeals of Texas · Nov 13, 1886

Wallace, superintendent of the insane asylum at Terrell, Texas, qualified as an expert, and upon tbe hypothetical statements submitted to him, declared as his opinion that the defendant, at the time of the homicide, was suffering … In our opinion defendant’s plea of insanity was certainly not clearly established, if, in fact, the evidence tended to establish it at all.

Marrs v. Mumme

25 S.W.2d 215 · Court of Appeals of Texas · Feb 6, 1930

the clause of the Constitution which says: “A general diffusion of knowledge, be *220 ing essential to the preservation of the liberties and rights of the people, it shall be the duty of the legislature of the state to establish … It is even contended that the appropriation act is unconstitutional because it seeks, in violation of sections 3 and 19 of article 1 of the Constitution to deprive appellees of property, privileges, or immunities without

Foster, Rodney Jerome

Court of Appeals of Texas · Nov 2, 2015

unreasonable application of clearly established state and federal law." … This clearly shows that Foster's hired attorney blaitantly lied to him in order to scare him into pleading guilty.

Hughett v. Dwyre

624 S.W.2d 401 · Court of Appeals of Texas · Nov 12, 1981

Counsel for the defendant objected to this question on the basis that the plaintiff was not qualified to testify about his probable rank, and the objection was overruled. … The court’s decision will not be overturned unless it clearly appears from the record that the court abused its discretion by disregarding the rights of the complaining party. Lewis v.

Gibson v. State

952 S.W.2d 569 · Court of Appeals of Texas · Aug 7, 1997

As the Spaulding court pointed out, the Department of Public Safety is a public office or agency. 8 The department is required to issue a driver’s license to every qualified applicant who pays the required fee; DPS is authorized … Rule 901(b)(7) does not establish the weight to be given to the exhibit, but merely its admissibility.

Hughes v. Straus-Frank Co.

127 S.W.2d 582 · Court of Appeals of Texas · Mar 29, 1939

Clearly, the burden was upon appellee to establish by sufficient evidence and elicit a jury finding in this jury case, that the "subject" of the guaranty purchased the goods with which the guarantor is sought to be charged … Be that as it may, however, appellee waived that contention, which was essential to recovery, by failing to elicit a jury finding upon that issue, that burden being very clearly on appellee.

Reyna, Gerardo

Court of Appeals of Texas · Sep 10, 2015

The Dallas Court of Appeals, in its opinion on Reyna’s direct appeal, characterized the record as establishing that Reyna shot the deceased as he was dropping off passengers, including the mother of Reyna’s child. … App. 1973), both the witness and his attorney admitted that, although no direct promise of immunity from prosecution was ever conveyed to Whitehurst, he was told that his testimony “could help his case.”

Kansas City, M. & O. Ry. Co. of Texas v. Latham

182 S.W. 717 · Court of Appeals of Texas · Dec 18, 1915

The receivers were appointed, qualified, and took possession of the property March 9, 1912. They were discharged and the property restored to the company on July 9, 1914. On March 25, 1912, Judge O. K. … But as the appellant in the present suit did not purchase the property from the receiver, clearly, the reasons upon which those decisions are based do not obtain if the property is returned without sale, and therefore the

Employees Retirement System of Texas v. Cynthia A. Garcia

454 S.W.3d 121 · Court of Appeals of Texas · Dec 18, 2014

reasonably supported by substantial evidence considering the reliable and probative evidence in the record as a whole; or (F) arbitrary or capricious or characterized by abuse of discretion or clearly … reasonableness.27 Substantial-evidence analysis entails two component inquiries: (1) whether the agency made findings of underlying facts that logically support the ultimate facts and legal conclusions establishing

Firemen's & Policemen's Civil Service Commission, City of Austin, Texas v. Burnham

715 S.W.2d 809 · Court of Appeals of Texas · Aug 13, 1986

The court pointed out that the reliability of the polygraph has not been established in proving guilt, and that, by donning a uniform, a police officer does not give up all his constitutional rights. … Note that in Farmer , the allegation clearly related to an on-the-job incident, and the court still disallowed the mandatory use of the polygraph. See also Engel v.

Twin City Fire Insurance Company v. King

510 S.W.2d 370 · Court of Appeals of Texas · May 9, 1974

These incidents, some of which were clearly improper, seem more damaging when considered together than when read in context in the record. … The issue as to disability may be established by the plaintiff alone, and this is true even though his testimony may be contradicted by a medical witness. . . .