Case law

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.

Hatcher v. City of Dallas

133 S.W. 914 · Court of Appeals of Texas · Jan 14, 1911

Hay has been in office as the duly qualified mayor and the other defendants as the duly elected commissioners of said city. … Some must suffer by the establishment of any territorial boundaries.

Blackman v. Schierman

21 Tex. Civ. App. 517 · Court of Appeals of Texas · Jun 3, 1899

He sent Schierman for the deed afterward, and, thinking it should be recorded, Schierman had this done. (7) Cosgrove died testate; William Schierman was constituted independent executor of the estate, accepted and qualified … It is true that James Cosgrove was clearly the common source of title, and that it was not necessary to go back of the common source; but because a common source is shown, it is certainly not material error to admit a deed

Perry, Ex Parte James Richard "Rick"

Court of Appeals of Texas · Nov 12, 2015

The application to proceed informa pauperis that discloses the relators financial abilities can be constituted as a financial statement to proof that the relator is economically indigent to qualify to proceed informa puaperis … elementary school children in New Connecticut where the public official is believed to reside for the purpose of influenceing , intimidateing , or coercing the public official into discontinueing the performance of a duty as clearly

Ball v. Merriman

245 S.W. 1012 · Court of Appeals of Texas · Oct 20, 1922

There is no *Page 1022 suggestion that county lines or the lines of any other political subdivision shall be considered in establishing such districts. … It comes clearly within the strongest possible definition of "public purposes," as that term is used in the Constitution.

Stacy v. Parker

63 Tex. Civ. App. 129 · Court of Appeals of Texas · Nov 28, 1910

After the insolvency of the company was established and upon Stacy’s refusal to settle, this suit was instituted. … The clearly apparent reason of Parker’s failure to demand payment is that Stacy did not owe it.

Fidelity & Deposit Co. of Maryland v. Texas Land & Mortgage Co.

40 Tex. Civ. App. 489 · Court of Appeals of Texas · Nov 4, 1905

Curran, and the surviving wife of Patrick Curran, upon her own application, was appointed administratrix of the estate of said decedent by the County Court of Dallas County, Texas, and on the 3d day of October following she qualified … Besides, the fact to which this testimony relates was abundantly established by other evidence.

Reeves v. Fuqua

277 S.W. 418 · Court of Appeals of Texas · Oct 28, 1925

Fuqua in certain sums of money evidenced by notes, secured by a deed of trpst on said lands; that, after the death of their father, their mother, Minnie Reeves, qualified as admin-istratrix of his estate; that appellée W. … We think the record clearly dis *425 closes that their right of action, if any they had, is barred.

Culver v. Smith

74 S.W.2d 754 · Court of Appeals of Texas · Jul 21, 1934

Cas. 1912D, 558, as follows: “The principle (lack of immunity) applies not only to public documents in public offices, but also to records required by law to be kept in order that there may be suitable information of transactions … which are the appropriate subjects of governmental regulation, and the enforcement of restrictions validly established.

Calvin v. Olschewske

62 S.W.2d 574 · Court of Appeals of Texas · Feb 25, 1933

Calvin, and only for the purpose of clearly indicating the rescinding of the sale and conveyance to Wm. H. Olschewske, above referred to, the said E. A. Calvin taking the place of said W. W. … The record discloses that appellee was not qualified, because of Mrs. Lohff’s death, to testify as to any payments made by him to her.

Finley, William Bryan Iii

Court of Appeals of Texas · Apr 15, 2015

Meanwhile, the Legislature clearly forbids a defendant accused of Resisting Arrest from asserting a defense that the arrest was unlawful. See TEX. P. CODE §38.03(b). … In enacting the Evading and Resisting statutes, the Legislature clearly created a demarcation between defensive and offensive force.

Ricketts v. State

89 S.W.3d 312 · Court of Appeals of Texas · Nov 27, 2002

-Austin 2001, pet. refd) (holding presumption of unreliability not rebutted where statement tended to shift blame, minimize declarant’s responsibility, and did not clearly indicate trustworthiness under test established in … It was established during cross examination that Jonathan did not believe his brother was guilty of murder.

Brown v. City of Amarillo

180 S.W. 654 · Court of Appeals of Texas · Nov 6, 1915

Brown was elected city secretary and treasurer on the 9th day of April, 1910, and shortly thereafter qualified as such. … S., clearly evidences that the council may act by resolution as well as by ordinance.

Harkey v. State

785 S.W.2d 876 · Court of Appeals of Texas · Feb 7, 1990

However, the defendant must show that the question sought to be asked was a proper one in order to establish an abuse of discretion by the trial court. Smith, 703 S.W.2d at 643 . … In reading the prosecutor’s argument in the context in which it was made, it is clear that (1) it was in response to opposing counsel’s argument which response is clearly permissible, Alejandro, 493 S.W.2d at 230 , and (2

Bridgers v. City of Lampasas

249 S.W. 1083 · Court of Appeals of Texas · Jan 31, 1923

That the matter was not submitted to a vote of the qualified, taxpaying voters of the city of Lampasas, and that no compliance was made with the provisions of chapter 9 of the Acts of the Thirty-Seventh Legislature, passed … The two powers relate to mating use of a county’s credit in distinctly different ways and evidencing its debt by instruments of clearly different nature, different in their legal import and different in their legal effect

Estancias Dallas Corporation v. Schultz

500 S.W.2d 217 · Court of Appeals of Texas · Aug 30, 1973

The rule of law was clearly established in this case that even though a jury finds facts constituting a nuisance, it was held that there should be a balancing of equities in order to determine if an injunction should be granted … A witness who qualified as an expert metallurgical consultant testified as to the results of tests made at various points as to the sound factors in decibels before and after defendant made changes in an effort to reduce

State v. McInnis

586 S.W.2d 890 · Court of Appeals of Texas · May 31, 1979

. § 39.01 (1974), and willful conduct which was clearly inconsistent with the proper performance of his official duties. … Second, his argument stems from his failure to establish any causal connection between the amended pleadings and his disqualification from office.

Ratliff v. Earle

961 S.W.2d 591 · Court of Appeals of Texas · Dec 24, 1997

Earle submitted his affidavit which appears to qualify him as an expert, states he first saw Ratliff as a patient in 1986, details his diagnosis and treatment in response to the 1991 injury, that he received the informed … Earle performed overly-extensive, unwarranted back surgery without clearly identifying Ratliff’s spine pathology.

Cooper v. Bowser

610 S.W.2d 825 · Court of Appeals of Texas · Dec 18, 1980

The trial court clearly emphasized the point of Dr. Cooper’s failure to ask Dr. … Grollman’s opinions fall within and satisfy the parameters of acceptable legal bases for expert opinions established by the Supreme Court in Moore v. Grantham, 599 S.W.2d 287 (Tex.1980).