Case law

Capitol Hotel Co. v. Rittenberry

41 S.W.2d 697 · Court of Appeals of Texas · Mar 4, 1931

Rittenberry had shown that he was an expert and qualified to testify with reference to the matter and we think his opinion was clearly admissible. … We think this testimony was clearly admissible under the res gestæ rule. Rittenberry was charged in part with the duty of having this material prepared and ready for the contractor.

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

Lewy v. Crawford

5 Tex. Civ. App. 293 · Court of Appeals of Texas · Nov 22, 1893

The whole transaction was clearly against public policy, and in open violation of one of the penal statutes of Texas. … Appellee does not rely on the illegal contract to establish his right to the money, but he says that appellant Lewy has his money on deposit, and he wants it.

Najvar v. Vasek

564 S.W.2d 202 · Court of Appeals of Texas · Mar 31, 1978

This evidence established that the testator spoke only broken English, preferred to speak in his native language, Czech, and could not read English. The will in question was drafted by a layman who spoke fluent Czech. … The terms of the will must clearly show that the testator intended that the gift should not lapse and that the testator clearly designated the persons or persons he intended to be the substitute legatee or devisee.

Watson v. Allstate Insurance Co.

828 S.W.2d 423 · Court of Appeals of Texas · Apr 8, 1992

Allstate and the amici curiae contend that Watson does not qualify to bring such a suit because her seeking recovery from the insurer of the party whom she alleges caused her injury does not meet the State Board of Insurance … To the extent that Warfield might contain language that might indicate such authority, it is clearly dicta since Warfield did not involve an automobile liability policy.

In Re WJH

111 S.W.3d 707 · Court of Appeals of Texas · Jun 19, 2003

She further complains that there is no evidence that the doctor named in the reports conducted the test or was qualified to do so, nor is there evidence that the doctor had personal knowledge of the tests or test results. … Evelyn also admitted to her that the children were behind on their immunizations.

Pontarelli Trust Ex Rel. Pontarelli v. City of McAllen

465 S.W.2d 804 · Court of Appeals of Texas · Mar 18, 1971

It has long been established that an exception to the immunity extended to a city in the exercise of a governmental function exists when a city creates or maintains a nuisance in connection with a governmental function. … We hold that the petition in this case clearly alleges that the City of McAllen was in the discharge solely of a governmental function at the time the alleged negligent acts of its employees were committed and that the pleadings

State ex rel. J.W.

312 S.W.3d 301 · Court of Appeals of Texas · May 12, 2010

1997, no writ) (evidence, for example, that appellant “(1) wanted to start an international organization in order to provide his and his brothers’ genetically superior blood to various hospitals to use for treatment of immune … and convincingly established elements under subsection 574.034(a)(2)(C)); L.S. v.

Fernandez v. Kiesling

489 S.W.2d 933 · Court of Appeals of Texas · Jan 10, 1973

It is also significant, in evaluating Hutcheson as supporting the notion that “the” is the proper article to use in qualifying the phrase, “motivating influence,” that in that case the rider paid nothing, and there was no … In both Franzen and Henry , the courts were clearly setting forth the requirement that the payment required in order to remove a case from the statute must be a “tangible, definite benefit” to the operator.

Lightfoot v. Poindexter

199 S.W. 1152 · Court of Appeals of Texas · Nov 21, 1917

The established general rule that the lapsed legacy falls into the residuary clause, stated above, was evolved from the effort to ascertain from the will the testator’s intention. … the words were used demonstrate clearly that they were meant otherwise than in the technical sense.

Texas & N. O. R. v. Foster

266 S.W.2d 206 · Court of Appeals of Texas · Mar 4, 1954

As further tending to establish that' the whistle was not blown and the bell was not rung, appellee also introduced the testimony of the witnesses Paul Anderson, R. E. Hamm, Jack McAdams, and T. A. … The engineer testified that he blew the crossing signal at the whistle-board, the “regular, qualified distance” from the crossing.

Noell v. City of Carrollton

431 S.W.3d 682 · Court of Appeals of Texas · Apr 9, 2014

The doctrine has been generally expanded to provide immunity from liability for other state-created causes of action. See BE & K Const. Co. v. … Some courts have further extended the doctrine to provide immunity to certain common-law causes of action. See Video Intern. Prod., Inc. v.

Commercial Guaranty State Bank v. City of Longview

11 S.W.2d 217 · Court of Appeals of Texas · Oct 20, 1928

In the effort to qualify for depository in 1926, the president of the bank had an agreement with the city manager of Longview and a committee of city officials that, instead of executing a bond with personal security as required … Under the facts before us the fraud perpetrated by the officials of the bank clearly entitled the city to a recission of its contract selecting the bank as the city depository ; but the evidence fails to show that any of

Giles v. Tyson

13 S.W.2d 452 · Court of Appeals of Texas · Jan 23, 1929

We do not, however, believe that a physician would be excused for not using proper anesthetics, antiseptics, and other well-established means for protecting the patient in surgical operations, simply because the community … Clearly the action of the jury was gross misconduct, and clearly the amount of damages was affected by the consideration of matters outside the evidence, and which could not have been admitted in evidence by the court.

Missouri, K. & T. Ry. Co. v. Gilcrease

187 S.W. 714 · Court of Appeals of Texas · May 31, 1916

The evidence objected to is clearly the opinion of the witness. Railway Co. v. Demsey, 40 Tex. Civ. App. 398 , 89 S. W. 787 ; Wells Fargo, etc., v. Boyle, 39 Tex. Civ. App. 365 , 87 S. W. 164 ; Roth v. … There are exceptions, however, to the general rule, as well established as the rule.

North Texas Nat. Bank v. Thompson

23 S.W.2d 494 · Court of Appeals of Texas · Oct 12, 1929

arrive at the true meaning of the guaranty under consideration, as its language is plain and understandable, its provisions are all harmonious, and upon the whole evince the undoubted purpose on the part of guarantors to establish … Under such construction the quoted language employed by guarantors, which, in our opinion, clearly contemplated the creation of debts by, and stated their obligation to pay same to, the successor, successors, or assign of

Neel v. Maurice

223 S.W.2d 690 · Court of Appeals of Texas · Nov 13, 1941

It is true an executor derives no power until the will is probated and he qualifies as directed by statute. Simkins, Administration of Estates in Texas, 3rd ed., page 134. … The cases cited by appellants we think are clearly distinguishable from the case at bar, in that provisions pertinent to the nature and character of the primary-obligation are involved.

Simmons v. State

636 S.W.2d 226 · Court of Appeals of Texas · May 26, 1982

Now, look, I have to qualify which killing he’s talking about because he talked about a bunch of them, if I don’t object he’s going to talk about ax murders and a lot of other deaths. … Answering negatively to this question, the court stated: Both article 40.09, sec. 4 and see. 7, clearly indicate the legislative intent that the trial judge be afforded limited discretion in these regards so that the statement

Murphey v. Blankenship

120 S.W.2d 309 · Court of Appeals of Texas · Sep 23, 1938

There is no significance in these circumstances except as they tend to establish or corroborate the occurrence of misconduct on the part of the jury. … We overrule the thirteenth assignment complaining that the plaintiff failed to qualify himself to express an opinion upon the value of his wife’s household services.

City of Llano v. County of Llano

5 Tex. Civ. App. 132 · Court of Appeals of Texas · Nov 15, 1893

Clearly the county or the city would have no such right. It would be an inexcusable appropriation and diversion of the square to purposes and uses foreign to its dedication. … This rule is qualified to the extent that a temporary use of such public property under certain circumstances may be permitted, and such highways and public squares, when dedicated to public uses and enjoyment, *141 may be