Case law

Pharr v. Coldeway

256 S.W.2d 917 · Court of Appeals of Texas · May 19, 1952

It must be conceded that appellee had the burden of establishing his alleged charges of negligence by appellant. … In the Richardson case the rule of law was clearly stated with approval although it did not there apply.

Patteson v. State

633 S.W.2d 549 · Court of Appeals of Texas · Mar 4, 1982

The court in rejecting that contention stated: “While simple acquisition and possession of a weapon would, in most situations, be preparation, putting that weapon to use to inflict injuries clearly goes beyond preparation … Both polygraph operators were shown to be qualified.

Continental Bus System, Inc. v. Biggers

322 S.W.2d 1 · Court of Appeals of Texas · Feb 26, 1959

Some courts have said the overwhelming weight and preponderance of the evidence must be so against the verdict as to make the verdict clearly wrong. … Barlow, Tex.Civ.App., 157 S.W.2d 933, 935 , the court said: “The settled rule is that while a duly qualified expert witness may give his opinion based upon sufficient relevant facts, such facts must be within his personal

Rogers v. Dallas Ry. & Terminal Co.

214 S.W.2d 160 · Court of Appeals of Texas · Jul 23, 1948

And fourth:' Error of the court “in overruling and refusing plaintiffs’ objections and exceptions to the court’s charge for failure of the court to qualify the definitions of ‘ordinary care,’ ‘negligence,’ and ‘proper lookout … Rodgers, supra [ 89 Tex. 675 , 36 S.W. ⅞43], that appellee’s right of recovery herein is based essentially upon the establishment of the issue of fact as to whether, this child was possessed of such intelligence and discretion

Calvert v. Union Producing Company

402 S.W.2d 221 · Court of Appeals of Texas · Apr 13, 1966

With respect to the weighted average, we likewise overrule appellants’ fourth point of error which is that of the court in refusing to permit the appellants to qualify one of their witnesses and to permit the witness to testify … Fraud must be clearly established. See 26 Tex. Jur„2d, Sec. Ill, p. 78 and the cases there cited.

Barrett v. Commercial Standard Ins. Co.

145 S.W.2d 315 · Court of Appeals of Texas · Nov 15, 1940

In such circumstances the court in that case held that the meaning of -the word “household,” when used as a qualifying word, pertained to the house or family. … Clearly, the contradictory statement-by the witnesses, two of whom said Payne did not live at the St.

Clary Corp. v. Smith

949 S.W.2d 452 · Court of Appeals of Texas · Aug 28, 1997

We overrule point of error eleven and the remainder of point of error ten. *470 qualified at all. … However, the evidence must establish: • that the legal assistant is qualified through education, training, or work experience to perform substantive legal work; • that substantive legal work was performed under the direction

Security State Bank of San Juan v. State

169 S.W.2d 554 · Court of Appeals of Texas · Feb 17, 1943

Whether under these conditions the public necessity of the business of the community warranted reopening the Bank was clearly, a matter within the exclusive jurisdiction of the Board. … The general principle for which the Bank contends is well established.

Atkins v. Carson

467 S.W.2d 495 · Court of Appeals of Texas · Apr 30, 1971

If Carson was unable to sell his land, but the $24,000.00 loan was obtained, then Carson could qualify for his one-half interest in the land and the partnership assets by giving all of the profits from the operation to Atkins … The memorandum agreement of March 19, 1949, which is clearly sufficient to support a finding that the advance by Atkins constituted, as defendant contends, a loan, which would preclude the existence of a resulting trust,

Brown v. Truscott Independent School Dist.

20 S.W.2d 214 · Court of Appeals of Texas · Jun 21, 1929

Clearly, before a valid tax can be voted, legislative authority, either express or implied, must exist for holding the election. … There is no authority established by law for determining the value of the consideration to be received by an extended district for assuming such indebtedness.

Nelson v. State

401 S.W.2d 880 · Court of Appeals of Texas · Mar 16, 1966

I qualified the statement with the fact that there was lots of open land in between there.” … Clearly, the average value of the entire tract would not fairly compensate the owner for his loss.

Geri Merry and Mike Merry v. Diana E. Wilson, M.D., Neurosurgical & Spine Center, North Texas Neurosurgical & Spine Center, and Texas Health Physicians Group

498 S.W.3d 270 · Court of Appeals of Texas · Jun 30, 2016

where expert testimony is not required to establish liability at trial, as in cases where res ipsa loquitur applies. Gurkoff, 2008 WL 1700126, at *5 (citing Murphy v. … Likewise, the purpose of requiring such a report is clearly to eliminate frivolous claims, akin to meritless claims being eliminated by summary judgment motions.

Bradley v. Jones

604 S.W.2d 450 · Court of Appeals of Texas · Jul 31, 1980

Lots were drawn to establish the new terms of the remaining board members, staggered one year, two years, and three years. … The court’s judgment contained a recital of the following fact findings: *453 (1) That a quorum “constituted one-third of the duly elected or appointed and qualified members but not less than three in number”; that there

City of Lubbock v. Knox

736 S.W.2d 884 · Court of Appeals of Texas · Aug 18, 1987

qualify the applicants to be placed on the eligibility lists. … Clearly, then, the Legislature intended, and we hold, that by the 1985 amendment to section 14(D)(2), the specified passing grade on a promotional examination must be scored before the police officer applicant is entitled

Bilek v. Tupa

549 S.W.2d 217 · Court of Appeals of Texas · Feb 28, 1977

Both qualified. The will directed that the administration of the decedent’s estate be independent of control by the probate court. On January 6, 1976, Louise H. … All that is established by competent evidence is that Louise H. Bilek brought several pieces of real estate into the marriage, some of which were later sold.

City of Houston v. Bryant

516 S.W.3d 47 · Court of Appeals of Texas · Jan 12, 2017

Section 233.008 is clearly mandatory, in that it provides that a citation issued in an election contest “must direct” the officer to return the citation unserved if it is not served within twenty days after it was issued. … Election Code section 233.004 provides, “The court may permit one or more qualified voters of the territory covered by the contested election to intervene as contestants or contestees.” Tex. Elec.

Bonham v. Fuchs

228 S.W. 1112 · Court of Appeals of Texas · Jan 13, 1921

along with the provisions of the other sections in that same article, apply to an election of this kind— that is, one to determine whether or not the corporate existence of a town should -be abolished — and that it was clearly … It may be the fact that each had paid his poll tax for 1910 was sufficient to establish that each was 21 years of age; but the proof was wholly insufficient to show that each was a citizen of the United States, or, if of

Gowin v. Gowin

264 S.W. 529 · Court of Appeals of Texas · May 17, 1924

The same author again says in section 1101 that: ‘‘The guarantee as to open courts opens to every subject equal access to courts established by the state.” In U. S. v. New Orleans (C. … “It is a right which takes into account the equal rights of others, for it is qualified by the obligation that the use of the property shall not be to the prejudice of others.

Hicks, Leonard Charles

Court of Appeals of Texas · Jul 17, 2015

Circumstantial evidence is as probative as direct evidence in establishing guilt. Hooper v. State,214 S.W.3d 9, 13 (Tex. Crim. App. 2AA7). … Appellant contends the testimony constituted an expert medical opinion, which Green was not qualified to provide.

First Texas State Ins. Co. v. Burwick

193 S.W. 165 · Court of Appeals of Texas · Feb 8, 1917

Therefore as to the first ten assignments of error made by appellant, we have concluded that the same must be overruled, because we understand it to be the rule, well established in this state, that where a jury’s verdict … Smith, to testify with reference to the distance that a pistol would have to be from an object to powder-burn the same, on the ground that the witness did not qualify himself as an expert in such matters, and further, because