Case law

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

Texas Employers Ins. Ass'n v. Hamor

97 S.W.2d 1041 · Court of Appeals of Texas · Oct 5, 1936

The appellant contends that the evidence is insufficient to establish the amount of plaintiff’s weekly wages, or the weekly wages of employees similarly employed by other companies in that vicinity, during the previous year … “It frequently happens that an instruction or issue that would otherwise be obnoxious to the rule forbidding interference with the jury’s right to find facts and incidentally to weigh evidence, becomes harmless by some qualifying

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.

Tautenhahn v. State Ex Rel. Nichols

334 S.W.2d 574 · Court of Appeals of Texas · Mar 31, 1960

Buckley and Rick Cass, are duly qualified members of said Board pending the final determination of the present boundaries of the Aldine Independent School District, but, with complete disregard for and disrespect of the established … It appears from an examination of the reported cases that all those officials who have been ousted from office had clearly violated or disregarded some duty enjoined by law, generally a standard of conduct established by

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,

West v. State

2 Tex. Ct. App. 460 · Court of Appeals of Texas · Jul 1, 1877

The correct rule on this subject is clearly laid down by Mr. Greenleaf. 1 Greenl. on Ev., secs. 434, 435, 447. … Taking the clause as it stands in the charge, qualified as it is by the last part of it, in connection with the testimony, we do not believe that the jury were misled by it, or from it would naturally conclude that the fact

Farmers' Mill & Elevator Co. v. Hodges

248 S.W. 72 · Court of Appeals of Texas · Dec 20, 1923

These two contradictory statements, made almost with the same breath, when taken with his other testimony, quoted more at length in the original opinion, show that he ■was not qualified to testify'as to the market value, … A fact as material to the rendition of a proper judgment in the case as the market value of the maize is shown to be should be established by the testimony of a witness who knows such market value, and a judgment which rests

Pate v. Woodville Mercantile Co.

229 S.W. 916 · Court of Appeals of Texas · Jan 8, 1921

In the second place, the trial was before the court without a jury, and it is well established by an unbroken line of decisions in this state that improper or incompetent evidence admitted on a trial before the court will … bill show clearly, we think, that there was no reason for refusing appellant a jury in this case, since it must be conceded that the statute which required the demand in this case to be made on the second day of the term

River Oaks Townhomes Owners' Ass'n v. Bunt

712 S.W.2d 529 · Court of Appeals of Texas · Mar 20, 1986

Clearly, there was a conflict in testimony. Again, the trial court is the judge of the credibility of the witnesses and the weight to be given their testimony. … Craig requires that an owner relate damages to market value to qualify as a witness. Porras v. Craig, 675 S.W.2d 503 (Tex.1984) (Wallace, Kilgarlin, dissenting). Porras is not controlling.

Gerald E. Gilbert v. Texas Department of Criminal Justice

490 S.W.3d 598 · Court of Appeals of Texas · Mar 1, 2016

Grievance System (a) The department shall develop and maintain a system for the resolution of grievances by inmates housed in facilities operated by the department or under contract with the department that qualifies … (f) This section does not affect any immunity from a claim for damages that otherwise exists for the state, the department, or an employee of the department. TEX. GOV’T CODE ANN. § 501.008(d) (West 2012).

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.

American Mut. Liability Ins. Co. v. Wedgeworth

140 S.W.2d 213 · Court of Appeals of Texas · Apr 4, 1940

Denman, shown to have been a highly reputable, experienced, and qualified physician, corroborated the appellee’s testimony to the full extent of his treatment and examinations of him, he having first met and examined him … However, whether or not they were all necessary, the submission of these inquiries clearly did not harm the appellant, nor were they subject to the objections it made,, which merely emanated from and were expressive of its

Undavia v. Avant Medical Group, P.A.

468 S.W.3d 629 · Court of Appeals of Texas · Jun 4, 2015

The party filing the petition, must “argue clearly and concisely why the order to be appealed involves a controlling issue of law as to which there is a substantial ground for difference of opinion and how an immediate appeal … whether a release can bind an unnamed plaintiff, appellants further contend that the interpretation of “agent” in the context of a *634 release raises the following novel issue: How does a court determine whether a party qualifies

Traders & General Ins. Co. v. Watson

131 S.W.2d 1103 · Court of Appeals of Texas · Jul 7, 1939

If two issues are really involved, then clearly only one was pleaded and no facts were alleged sufficient to imply the other. … It should have been submitted like the issue of injury was submitted, with the qualifying element of lime as a part thereof.

Price v. Humble Oil & Refining Co.

152 S.W.2d 804 · Court of Appeals of Texas · May 2, 1941

Appellants’ bills also extend to the defense argument based on these letters, all of which bills were qualified by the court in language already quoted. Mrs. … Absent, facts clearly indicating that the trial court abused his discretion in rulings on jury argument, no error is shown. Emberlin v. Wichita Falls, etc., Co., Tex.Com.App., 284 S.W. 539 ; Garrett, et al. v.

Gerst v. Guardian Savings and Loan Association

425 S.W.2d 382 · Court of Appeals of Texas · Feb 28, 1968

Johnson, who qualified as an expert, experienced in economic studies related to location of banks and savings and loan facilities, that for the want of “through routes” from the residential areas of Richardson northwest of … It was a stable, profitable association, operating in an area in which it was already well established. At the hearing the Commissioner asked Dr.

Rex Refining Co., Inc. v. Morris

72 S.W.2d 687 · Court of Appeals of Texas · May 5, 1934

In this status, and over objections urged by the company, to the effect that the receivership matter should not be heard until after the plea of privilege was disposed of, the court appointed a receiver, as prayed, who qualified … Clearly this was the denial of a legal right, as the statute (article 1328, R.S.) guarantees to stockholders the exercise of this privilege, at all reasonable times; but the appointment of a receiver was not necessary to

Alexander v. Garcia

168 S.W. 376 · Court of Appeals of Texas · Jun 17, 1914

There was clearly an abandonment of the land, and the purposes for which it was granted ceased to exist, and the question arises: To whom then did the lands belong that had not been conveyed to individuals? … There was no town and the grant had lapsed 30 years before American dominion over the land had been established.

Taylor v. Phillips Petroleum Company

295 S.W.2d 738 · Court of Appeals of Texas · Oct 25, 1956

In oral argument conflicting contentions were made as to which of the litigants had the burden before the trial court of establishing good title. … Since we have concluded that appellees have met that burden and established record title in themselves out of the common source, the question is immaterial.

Garcia v. Home Indemnity Company

474 S.W.2d 535 · Court of Appeals of Texas · Nov 22, 1971

Each case cited is clearly distinguishable in that jury misconduct was indisputably established in each, and there either was no admonition not to consider the matter or the admonition given was not heeded. … evidence regarding the real plaintiff and defendant after the emotional overlay testimony was allowed over objection, especially since the testimony should have been excluded on the ground that no predicate was laid to qualify