Case law

Jones v. State

109 S.W.2d 244 · Court of Appeals of Texas · Sep 25, 1937

Jones, took the oath of Office prescribed by law, executed a bond as required by law and became the duly qualified and acting Constable of Precinct #3 of Gregg County, Texas, which office he now holds: “That during his present … The record before us clearly reveals that such special laws, enacted for the purpose stated, have been properly and efficiently brought into execution in this case.” The judgment is affirmed.

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

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.”

Dallas Ry. & Terminal Co. v. Durkee

193 S.W.2d 222 · Court of Appeals of Texas · Jan 11, 1946

streetcar; and that the first time he saw the streetcar was after the front end of his automobile had crossed the track, when he looked up and, for the first time, saw the streetcar, too late to have avoided the collision, clearly … The court qualified appellant’s bill of exception to its action in overruling the request, by adding to the bill that if the jury had requested the photographs during their deliberation they would have been given to them.

Morrison v. Parish

384 S.W.2d 764 · Court of Appeals of Texas · Dec 1, 1964

Evidence explaining the nature and purpose of the trust created may be received and considered by the trial court. 2 Since it is established by the record that the land was not conveyed to Morrison for his individual use … Again the beneficiary is indefinite. *767 This is for the reason that the record does not show a beneficiary in existence or that a beneficiary was designated capable of qualifying as such. 7 Morrison by his own admission

Wichita County v. Bonnin

182 S.W.3d 415 · Court of Appeals of Texas · Dec 15, 2005

It must, among other things, state the amount of the proposed minimum salary for each rank, pay grade, or classification and be signed by a number of qualified voters equal to at least twenty-five percent of the number of … A party can invoke the district court’s constitutional supervisory control over a commissioners court judgment only when the commissioners court acts beyond its jurisdiction or clearly abuses the discretion conferred upon

Federal Underwriters Exchange v. Ener

126 S.W.2d 769 · Court of Appeals of Texas · Mar 23, 1939

The gist of the assignments is that appellant was entitled to an instructed verdict because the appellee failed to establish by legal evidence his rate of compensation in that he did not show that his average weekly wages … Ledbetter was a duly and legally qualified practitioner of medicine and surgery; that he was an X-ray specialist of many years’ experience and wide practice.

In re M.W.M.

523 S.W.3d 203 · Court of Appeals of Texas · Apr 5, 2017

After reviewing the parties’ briefs and the mandamus record, we have determined that relator has established his right to mandamus relief and conditionally grant the writ. … There is no dispute that Conner is qualified under section 154.052 of the Texas Civil Practice and Remedies Code, and there is no evidence presented that Conner is not capable or competent to act as arbitrator.

Beeman v. Mays

163 S.W. 358 · Court of Appeals of Texas · Jan 24, 1914

The petition alleges, and it so appears without dispute, that the plaintiffs were qualified voters, property owners, and taxpayers of the school district in question. As such they were authorized to maintain this suit. … Clearly the parties at whose instance the election was ordered are not necessary parties, nor are they, in our opinion, proper parties.

Peterson v. Grayce Oil Co.

37 S.W.2d 367 · Court of Appeals of Texas · Jan 31, 1931

To establish rules and regulations for shooting wells and for separating oil from gas. "7. … If the testimony given by the witness, offered as an expert, shows clearly that his opinion, desired to be introduced, is a mere guess, then the court has no discretion to hold him qualified. Bouv.

Wright v. Couch

54 S.W.2d 207 · Court of Appeals of Texas · Oct 14, 1932

The proposition urged is too well established as an exception to a general rule to require the citation of authorities. So far as we know, since the decision of the Supreme Court in Chicago, T. & M. C. Ry. Co. v. … To admit proof that it was only to be exercised in case the owner died, or a sale could be made for $59 per acre or more, would clearly result in varying that provision of the contract.

Stewart Title Guaranty Co. v. Sterling

772 S.W.2d 242 · Court of Appeals of Texas · May 18, 1989

Significantly, the qualifying language, “the existence of which does not appear of record,” which was included in the waiver signed by Sterling, was omitted from the policy issued to him. … The record clearly reflects there was ample evidence to support both submission of the issue and the jury’s answer to it. Point of error number five is overruled.

Texas and Pacific Railway Company v. Midkiff

275 S.W.2d 841 · Court of Appeals of Texas · Feb 11, 1955

The issue is so worded by placing after the phrase “emitting a signal warning audible for such distance” the qualifying words “if it was” renders the affirmative answer thereto of no meaning. … The burden was not upon the appellee to establish her case beyond a reasonable doubt.

Postal Mut. Indemnity Co. v. Penn

165 S.W.2d 495 · Court of Appeals of Texas · Sep 28, 1942

The testimony is sufficient to support the conclusion that appellee was uneducated and qualified only to make a living for himself and wife by manual labor; that he did this until 1929 when he suffered a severe spell of influenza … and satisfactorily established and the gift must be complete by actual, constructive, or symbolic delivery without power of revocation.”

Glenn v. Connell

74 S.W.2d 451 · Court of Appeals of Texas · Jun 22, 1934

Connell duly qualified as such receiver of H. H. Hardin, and took into his custody and, management various properties of said Hardin, and among them the following: The north one-half of lot No. 1, block No. 11, of J. A. … Under these authorities, and upon the limited statement of the facts contained in the first proposition, the point is correct as a general proposition of law, but the exact point here involved is more clearly brought out

Mobil Oil Corp. v. Matagorda County Drainage District No. 3

580 S.W.2d 634 · Court of Appeals of Texas · Apr 12, 1979

The supervisory power of the district court over the judgments of a commissioners court can only be invoked when such court acts beyond its jurisdiction or clearly abuses the discretion conferred upon it by law. … Where the requirements of Rule 166-A, Texas Rules of Civil Procedure, are satisfied, suits governed by the substantial evidence rule are not immune, per se, from disposition in a summary judgment proceeding. See Cruz v.

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

889 S.W.2d 666 · Court of Appeals of Texas · Dec 29, 1994

Having done so, the court should set aside the verdict only if the evidence is so weak as to be clearly wrong and manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex.1986). … Our review of the record reveals that Tacon terminated Grant for the stated reasons that Grant did not maintain adequate materials or qualified personnel on the job.

Agnew v. Kelley

464 S.W.2d 717 · Court of Appeals of Texas · Mar 5, 1971

By reason of her failure to attain the degree on schedule, and thus qualify for the higher pay her current earnings were reduced, and her future earning capacity was impaired. … The Appellee did not direct Requests for Admissions or Interrogatories to the Appellants and did not produce deposition testimony of the Appellants to establish any relationship of the Appellants to the accident.”

D.A. v. Texas Health Presbyterian Hospital of Denton

514 S.W.3d 431 · Court of Appeals of Texas · Feb 16, 2017

The “Series-Qualifier” Canon Appellants argue that their interpretation is supported by the “Series-Qualifier” canon of construction, but Appellees argue against the application of this canon because of the statute’s syntax … After the Conference Committee version was debated in the Senate, the Senate voted unanimously to publish in the Senate Journal certain portions of the debate in order “to establish legislative intent regarding HB4.”

Hidalgo County v. Pate

443 S.W.2d 80 · Court of Appeals of Texas · May 22, 1969

—Galveston 1942, writ ref.). *85 The instrument, stripped to its essential parts for proper interpretation and construction, is clearly unambiguous. … Appellant would bind appellees on each and every statement contained in the deed because they did not qualify specifically the introduction of such documentary evidence.