Case law

Peat, Marwick, Mitchell & Co. v. Sharp

585 S.W.2d 905 · Court of Appeals of Texas · Jul 31, 1979

Sharp’s entitlement to the sum of $46,547.40 in payment from his various accounts, interest and profit participation under the articles of partnership in question is conditioned and qualified by the phrase “if this controversy … The record clearly establishes that Peat, Marwick, Mitchell & Co. tried the case on the theory that the covenant in question was valid as written, that Mr.

Calloway v. Estate of Gasser

558 S.W.2d 571 · Court of Appeals of Texas · Nov 17, 1977

Under Section V, she established five trusts of equal value out of the remainder of her estate for the benefit of her uncles and aunts, provided that upon the death of each designated beneficiary of a particular trust such … Clearly, James P. Gasser, the ex-husband, cannot take under the will because of Section 69 of the Probate Code.

Des Champ v. Featherston

886 S.W.2d 536 · Court of Appeals of Texas · Oct 26, 1994

Courts liberally construe Election Code provisions not clearly mandatory on their face as directory only. Ramsay v. Wilhelm, 52 S.W.2d 757, 759 (Tex.Civ.App.—Austin 1932, writ ref'd). … The Texas Supreme Court has explained the policy underlying time and place provisions: “It is of the essence of a fair election that a time should be fixed and a place appointed where each qualified voter may cast his ballot

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.

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

Devon Energy Prod. Co. v. Apache Corp.

550 S.W.3d 259 · Court of Appeals of Texas · Apr 30, 2018

Thus, when we read subsections (1) and (2) together, it is clear that, in order to qualify as a "payor" who owes a "payee," the "payor" must have "undertake[n]"-set out to obligate itself-to the "payee" in some way. … Hester clearly would be a "payee" of Apache because Hester is "legally entitled to payment" from Apache due to the terms of their lease. NAT. RES. § 91.401(1) ; see id. § 91.401(2).

English v. Fischer

649 S.W.2d 83 · Court of Appeals of Texas · Dec 30, 1982

unexpressed term may be implied, the implication must arise from the language employed in the instrument or be indispensable to effectuate the intention of the parties; that is, it must appear that the implied obligation was so clearly … Terrell Garrnett, Inc., 618 S.W.2d 535, 539 (Tex.1981), the court stated: “We have also recognized at least two requirements that must be established for a person to qualify as a consumer under the DTPA.

Hooper v. Courtney

258 S.W.2d 124 · Court of Appeals of Texas · Apr 20, 1953

Appellant’s cause of action and state of his mind in regard to his own intent is clearly revealed by the facts and is aptly ruled upon in Thompson v. … The court further summarized the rule which should be conclusive of the issue here, “The testimony, thus qualified and summarized, and with the tremendous weight attributable to its source, (i. e., as coming from the person

Whittington v. Cameron Compress Co.

268 S.W. 216 · Court of Appeals of Texas · Nov 21, 1923

We think the receipt in question could without difficulty have been more clearly drawn. … Such an interpretation would, we think, do violence to the language used, and be contrary to the well-established rules of construction.

State v. Stickle

11 S.W.2d 837 · Court of Appeals of Texas · Oct 20, 1928

Bozarth, were the duly elected, qualified, and acting supervisors of said district. … Article 7890, Id., creates the office of supervisor, and makes provision for the selection of five persons as supervisors by the qualified votes of a fresh-water supply district at the election held to determine whether or

Lotspeich v. Chance Vought Aircraft

369 S.W.2d 705 · Court of Appeals of Texas · May 10, 1963

Horgan was employed by the Company to determine whether this woman was qualified from a standpoint of health to do the work for which she had applied. … As so clearly stated by Mr. Justice Pope in Rolfe v.

City of Pelly v. Harris County Water Control & Improvement Dist. No. 7

195 S.W.2d 241 · Court of Appeals of Texas · May 23, 1946

. — -which may as well be stated in limine — that the inchoate annexation ordinance passed by the City of Pelly (as would have been any such like action upon the part of the City of Goose Creek) was wholly void, being clearly … Under the facts in this instance, established either by the stipulations of the parties in the record or the conclusive evidence otherwise, were these extensions upheld, it is certain that appellee-Districts would thereby

Wilbert Walker v. State

469 S.W.3d 204 · Court of Appeals of Texas · Apr 30, 2015

to rebut the presumption of a prospective juror’s impartiality would be to establish an impossible standard.”) … A warrantless search is “per se unreasonable subject only to specifically established and well-delineated exceptions.” See Rayford v. State, 125 S.W.3d 521, 528 (Tex. Crim. App. 2003).

Howard v. State

945 S.W.2d 303 · Court of Appeals of Texas · Apr 24, 1997

When night fell, appellant and Springer entered the establishment while Guy awaited his compatriots outside. A number of shots rang out, at which point Guy “rushed” inside the store. … State, 906 S.W.2d at 612 (stating that words spoken to an acquaintance, as opposed to a police *307 officer, may have no trouble qualifying for admission under the “againsfc-penal-interest exception”).

Allstate Insurance Co. v. Hegar

484 S.W.3d 611 · Court of Appeals of Texas · Feb 18, 2016

Legislators must speak clearly, agencies heed assiduously, and courts review exaetingly. … A fact-finder’s failure to find a fact is against the "great weight and preponderance” of the evidence when it is “clearly wrong.and unjust.”

Select Insurance Company v. Patton

506 S.W.2d 677 · Court of Appeals of Texas · Feb 19, 1974

Jack Walker, one of the qualified medical expert witnesses, testified that in reasonable medical probability Mrs. Patton suffered a costrochondral sprain on July 29, 1970. … , and thus they clearly rebutted the inference drawn by Mrs.

City of Wichita Falls v. Harris

532 S.W.2d 653 · Court of Appeals of Texas · Dec 19, 1975

The Act further provides (Section 14 G): “In the event any new classification is established either by name or by increase of salary, the same shall be filled by competitive examination in accordance with this law.” … When the intent clearly indicates that the word ‘shall’ as used in such statute or rule was intended to be mandatory, then it is clearly inconsistent with any idea of discretion and is mandatory.”

Moore v. State

836 S.W.2d 255 · Court of Appeals of Texas · Nov 4, 1992

The special knowledge which qualifies a witness to give an expert opinion may be derived from specialized education, practical experience, a study of technical works, or varying combinations of these things. … It states in relevant part the following: Conduct is justified if: (1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm; (2) the desirability and urgency of avoiding the harm clearly

Tacon Mechanical Contractors, Inc. v. Grant Sheet Metal, Inc.

889 S.W.2d 666 · Court of Appeals of Texas · Dec 8, 1994

Tacón contends the evidence conclusively established that Tacón terminated the contracts after Grant had breached them. … Our review of the record reveals that Ta-cón terminated Grant for the stated reasons that Grant did not maintain adequate materials or qualified personnel on the job.

Renner v. German

207 S.W.2d 671 · Court of Appeals of Texas · Dec 15, 1947

General rules of construction have been well established however by adjudicated cases and they should be followed unless it clearly appears that a different meaning was intended by the testator in the language used. … We think she clearly had such a right under *676 the terms of the will and that her brother, Willie E.