Case law

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.

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.

Hall v. Parry

55 Tex. Civ. App. 40 · Court of Appeals of Texas · Apr 1, 1909

The allegation was not rendered material because, in the absence of objection thereto, testimony tending to establish its truth was admitted as evidence. … In so far. as the testimony objected to was for any other purpose, it clearly was irrelevant, and wé do not think it was rendered admissible because other irrelevant testimony without objection thereto had been admitted.

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.

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.

EWB-I, LLC v. PlazAmericas Mall Texas, LLC

527 S.W.3d 447 · Court of Appeals of Texas · Jun 6, 2017

Evaluating whether changes qualify as “radical” to warrant setting aside the parties’ agreed restrictions is a fact-intensive analysis. See Lebo, 349 S.W.2d at 749 . … The evidence does not clearly indicate either.

Texas Brine Corp. v. Lofton

751 S.W.2d 197 · Court of Appeals of Texas · Mar 3, 1988

He established that the cost of reasonable and necessary repairs was $12,258.17. RALPH CLARK Mr. … The foreseeability element was established in Clark v.

Yndo v. Rivas

142 S.W. 920 · Court of Appeals of Texas · Dec 13, 1911

Rivas qualified as administrator of said estate June 8, 1897, of his said mother-in-law, Maria Q. Rivas. … Treating the note as a payment, the statute ran from said date 1904 instead of the date of payment, September, 1907, and the debt would clearly be *Page 924 barred. In Charbonneau v.

Western Union Telegraph Co. v. First State Bank & Trust Co.

241 S.W. 789 · Court of Appeals of Texas · Apr 5, 1922

It is a right of action only; that is, it must be established by a judicial proceeding.” R.* C. L. vol. 25, p. 1391. … Por the same reason there was no error in the rejection of the evidence offered to establish these facts.

Chestnut v. Casner

42 S.W.2d 175 · Court of Appeals of Texas · Jul 22, 1931

However, the language of the appendage does not attempt to limit or qualify the description of the land contained in the granting clause of the deed. … recognizing and ratifying the partition agreement between her cotenants and accepting the remaining 100 acres as her own; and the other conveyed a seven-tenths interest in the entire 200 acres to appellee’s predecessor, thereby clearly

de Leon v. Harlingen Consolidated Independent School District

552 S.W.2d 922 · Court of Appeals of Texas · Jun 9, 1977

It is conclusively established by the record that at the time applications were made, the three children lived in the District, but that their parents resided elsewhere. … and whether residence elsewhere will qualify the minor to tuition-free education will depend upon whether the residence is bona fide or is merely for the sole purpose of attending a different school.

Price v. Smith

109 S.W.2d 1144 · Court of Appeals of Texas · Oct 15, 1937

Mann, deceased, •and duly qualified. … negligence of his own; (3) that there is good cause ' to believe that a different result will be obtained by a new trial; and (4) the pleadings and issues of the former suit, and its result, must be set forth distinctly and clearly

Most Worshipful Prince Hall Grand Lodge v. City of Fort Worth

435 S.W.2d 274 · Court of Appeals of Texas · Nov 22, 1968

law clearly shows such was intended. … It therefore does not qualify as a purely public charity and the trial court did not err in rendering summary judgment for the City and the School District. Affirmed.

Meurer v. Hooper

271 S.W. 172 · Court of Appeals of Texas · Jan 10, 1925

The article of the Constitution referred to provides that any defined district "upon a vote of a two-thirds majority of the resident property taxpayers voting thereon who are qualified electors of such district or territory … Article 627 clearly requires the petition for the establishment of a road district to be in writing.

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.

Dallas Railway & Terminal Co. v. Bishop

153 S.W.2d 298 · Court of Appeals of Texas · Jun 27, 1941

If misconduct be clearly material, there arises the presumption that it had a *302 prejudicial' effect. … By these tests it clearly appears to us that said trial amendment failed to allege at least three essential elements of an independent ground of recovery.

Texlite, Inc. v. Wineburgh

373 S.W.2d 325 · Court of Appeals of Texas · Oct 4, 1963

At a special meeting of the board of directors on May 12, 1960 Frank Cain was elected a director "to fill the vacancy established by the dismissal of H. H. Wineburgh." … He also makes this perfectly clear in his brief filed in this court wherein he says: "Let it be clearly understood that the appellee and his family did not claim any beneficial stockholding interest in the corporation at

Bancroft v. Emerson-Brantingham Implement Co.

194 S.W. 991 · Court of Appeals of Texas · May 16, 1917

Berry, one of the appellees, brings this case clearly within the scope and application of the rule laid down in the decisions cited. … The case, as made out by the record before us, clearly shows that there is no merit in the second assignment, and it is therefore overruled.

Southern Pacific Transportation Co. v. Luna

707 S.W.2d 113 · Court of Appeals of Texas · Dec 19, 1985

The railroad enjoys no immunity from a jury’s review of its conduct. In considering a “no evidence” or “insufficient evidence” point of error, we will follow the well-established test set forth in Glover v. … Dunn, 148 Tex. 197 , 222 S.W.2d 985 (1949), qualified by Bradford v. Arhelger, 161 Tex. 427 , 340 S.W.2d 772 (1960).

Duncan v. State

151 S.W.3d 564 · Court of Appeals of Texas · Oct 7, 2004

Appellant points out that the affiant Shackleford had no personal knowledge of the matters necessary to establish probable cause. … collection at his home provided a basis to reasonably infer that contraband could probably be found in a suspect's home. [17] The Taylor court concluded, however, that the sending of one image over the Internet would not qualify