Case law

Lester v. State

2 Tex. Ct. App. 432 · Court of Appeals of Texas · Jul 1, 1877

We cannot agree with what seems to have been the intimation clearly expressed by the court in Brennan v. … The idea is perhaps as clearly conveyed as could be desired in the syllabus of the case of Perry v.

Bryant v. State

457 S.W.2d 72 · Court of Appeals of Texas · Jul 17, 1970

It is established law that the caption of an amendment which merely states that it amends a specifically named and identified statute is sufficient if the amendment is germane to the subject matter of the original act. … A license to practice law is not such a property right as is immune to such regulation. The amendment does not violate the constitutional prohibition of retroactive laws. Such proceedings are not penal in nature.

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

Texas Employment Commission v. Kraft

411 S.W.2d 624 · Court of Appeals of Texas · Dec 27, 1966

By October 19, 1964, every existing job in the units represented by the union had been filled except one job of a welder first-class because there was no applicant qualified to do the work of such qualifications. … We think the evidence clearly shows in this case that appellees were participating and directly interested in the labor dispute which still existed at the time of the trial in the district court.

Beall v. Lo-Vaca Gathering Co.

532 S.W.2d 362 · Court of Appeals of Texas · Oct 16, 1975

Sections 352 and 353 of the Restatement of the Law, Torts (2d), clearly set out the liability one has upon transferring land. … In order to maintain venue under § 4 of Art. 1995 there are three essential elements which must be established by the plaintiff.

Hall v. Unknown Heirs of Reese

24 Tex. Civ. App. 221 · Court of Appeals of Texas · Jun 2, 1900

by suit in the district court, and in the absence of a finding that the certificate had not been established by suit, we would, in this proceeding, presume it had been so established. … McCormick alone qualified. McCormick recognized the agreement made between C. K. Reese and R. J.

Texas Employers' Ins. Ass'n v. Parr

16 S.W.2d 354 · Court of Appeals of Texas · Mar 27, 1929

The language of the Workmen’s Compensation Act, taken as a whole, indicates most clearly that the injury intended is “accidental injury” and such “diseases or infection as naturally result therefrom,” as defined by section … The facts in evidence established that the plaintiff was in apparent good health and capable of doing the work assigned him; that, if he was afflicted with arthritis prior to the injury, he did not know it; that up to the

Gray v. Bird

380 S.W.2d 908 · Court of Appeals of Texas · Jun 18, 1964

The justification for this exception is based, in a large part, upon the ground that the declarant may himself go upon- the stand and deny, qualify or explain the alleged admissions. … Under these circumstances, it is now well established that where trial was to the court without a jury, the trial judge may receive evidence in order to determine its admissibility and, finding 'it inadmissible, he may disregard

Reed v. Reed

283 S.W.2d 311 · Court of Appeals of Texas · Sep 30, 1955

Edna Reed qualifying as Temporary Administratrix and the litigation above noted following in sequence. … Particularly so, in view of the husband’s prior deposit of community funds in his own name to the permitted maximum; the trial court’s conclusion of no intended gift being clearly in accord with the evidence.

Texas Central Railroad Co. v. Powell

38 Tex. Civ. App. 157 · Court of Appeals of Texas · Feb 1, 1905

This testimony was clearly res gestae, and admissible under the well established and unbroken line of decisions. (Texas & P. Ry. Co. v. Barron, 78 Texas, 423 ; International & G. N. Ry. Co. v. Anderson, 82 Texas, 518 .) … It is apparent from the bill that the statement as to his injuries was .of present pain; and that, as qualified by the court, no injury could have resulted to the appellant.

Taylor v. Taylor

248 S.W.2d 820 · Court of Appeals of Texas · May 2, 1952

Taylor for about 10 years, saw him often, most every week in and about the town of Kaufman, and knew him well enough to qualify as to his mental capacity at the time he executed the will,—which in his opinion was sound. … With such evi-dentiary background, the jury could have reasonably given credence to what the attorney said,—that the deceased had “pro *825 vided amply for his first set of children,” which declaration was clearly outside

Camp v. Thomas

26 S.W.2d 470 · Court of Appeals of Texas · Mar 7, 1930

The law is nowhere more clearly stated than by Justice Gaines in City of Austin v. Nalle, 85 Tex. 520 , 22 S. … The fact of the entering of the order by the commissioners’ court clearly distinguishes those cases from the instant case.

National Bancshares Corp. v. Bullock

569 S.W.2d 584 · Court of Appeals of Texas · Jul 12, 1978

The Congress believed there was “. . .no longer any justification for continuing to grant national banks immunities from State taxation which are not afforded State banks . . . ” (Emphasis added) 2 U.S. … The legislative intent could hardly be expressed more clearly or more forcefully than in the text reading, “The passage of Public Law 91-156 ( 12 U.S.C.A.

Century Marine, Inc. v. Vaglica

27 S.W.3d 703 · Court of Appeals of Texas · Oct 5, 2000

Furthermore, the jury’s finding that Vaglica met the condition precedent is not so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Cain, 709 S.W.2d at 176 . … Abraira, who was qualified as an expert, testified that in his opinion the actions of Brock and Twidal had the net effect of discouraging third-party purchasers for Sipco and Century Marine and driving down the price at which

First State Bank v. Keilman

851 S.W.2d 914 · Court of Appeals of Texas · Jun 2, 1993

In its point of error, FSB is clearly complaining about this aspect of the judgment. … Under such construction, the term clearly includes the posting of notices in public places.

Campos, Javier Noel

Court of Appeals of Texas · Apr 22, 2015

• •• • REASON FOR REVIEW The Appeals Court's decision is an unreasonable application of clearly established applicable decisions of the Court of Criminal Appeals or the Supreme Court. … REASON FOR REVIEW The Appeals Court's decision is an unreasonable application of clearly established applicable decisions of the Court of Criminal Appeals or the Supreme Court. TRAP 66.3(c).

McPherson v. Camden Fire Ins. Co.

185 S.W. 1055 · Court of Appeals of Texas · May 3, 1916

This contention on the part of appellee reverses the rule established by our Supreme Court. The question therefore remaining is: Is the law germane or relevant to the subject? … Farmers' Insurance Company, 126 Iowa 565 , 102 N.W. 502 , in effect qualifies or overrules Rundell v. Anchor Fire Insurance Company (Iowa) 101 N.W. 517 , cited by this court.

Garcia v. Banda

935 S.W.2d 790 · Court of Appeals of Texas · Sep 18, 1996

The parties and their lawyers are uniquely qualified to exercise discretion and professional judgment in deciding what issues are best presented to the court in their appeal, and we properly consider and decide only those … As clearly expressed by its terminology, a settlement agreement is voluntarily entered into by the parties. If there was a desire to litigate the claims before a jury, no agreement would have been made.

Jobe v. Osborne

68 S.W.2d 375 · Court of Appeals of Texas · Dec 15, 1933

As to the second point, we likewise think that it may not be held that the evidence as a whole clearly and conclusively shows an adverse holding against plaintiffs for a length of time sufficient for the statute of limitation … There the executor named proceeded to carry out some of the terms of the will before he qualified and gave bond, and the court said: “Certainly the sale was no ground on which letters testamentary could have been refused,

American Casualty & Life Co. v. McCuistion

202 S.W.2d 474 · Court of Appeals of Texas · May 2, 1947

Among the qualifying clauses of the policy was one reading in part as follows: “The indemnity payable hereunder for any disability fatal or otherwise resulting directly or indirectly from * * * strains, sprains, * * * shall … The materiality of the mistake is so clearly established by the evidence that reasonable minds could not differ about it.