Case law

Terrell v. Middleton

187 S.W. 367 · Court of Appeals of Texas · Jun 14, 1916

The articles named were clearly not for the Govern- or in his official capacity, but for his individual satisfaction and gratification. … This is clearly shown by the growth of appropriations from Legislature to Legislature since the adoption of the Constitution.

Dixie Fire Ins. Co. v. McAdams

235 S.W.2d 207 · Court of Appeals of Texas · Dec 1, 1950

The petition clearly reveals that the goods were not destroyed at the place named in the policy. … Under the conditions above outlined, we think appellant could not sustain a motion of surprise at whatever means appellee employed to prove that he had complied with every requisite required of him to establish liability

Texas N. O. R. Co. v. Goodwin

40 S.W.2d 182 · Court of Appeals of Texas · Jun 29, 1931

A principal cannot secure immunity from the consequences of his fraud 'by having the contract sworn to, as was done in this case, nor can he in that manner evade responsibility for-the fraud of his agent, which inures to … This witness testified that he was qualified to tell whether the engine quit working steam or the brakes were applied, and that if the engine ever quit working steam or the brakes- were applied on that engine -and train from

Fenoglio v. State

252 S.W.3d 468 · Court of Appeals of Texas · Mar 13, 2008

However, a juror may testify: (1) whether any outside influence was improperly brought to bear upon any juror; or (2) to rebut a claim that the juror was not qualified to serve. Tex.R. Evid. 606(b). … Here, the juror’s answers to the questionnaire clearly relate to the jury’s deliberation and not to any outside influence. Nor do they relate to a claim that a juror was unqualified to serve.

Martinez v. Texas Employment Commission

570 S.W.2d 28 · Court of Appeals of Texas · Jun 22, 1978

MARTINEZ and that his claim was disallowed because he did not have sufficient wages reported in the base period to qualify for benefits. 3. Mr. … Our Legislature clearly *33 did not extend our Act to cover such a broad range of circumstances. Appellant’s first point is sustained.

Fearis v. Gafford

204 S.W. 675 · Court of Appeals of Texas · Jun 29, 1918

The propositions contended for by appellant are, substantially: (1) That the act of the Thirty-Third Legislature, articles 6319a to 6319n, inclusive, Vernon’s Say les’ Civil Statutes, which authorizes the qualified voters … established by the law and decisions *677 of this state, but it is tbe opinion of this court that the Legislature has not, by the passage of the act known as the “pool hall” statute, thereby delegated its power to enact

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

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.

Grunwald v. Grunwald

487 S.W.2d 240 · Court of Appeals of Texas · Oct 19, 1972

Freída Grunwald qualified as independent executrix on the same day and filed an inventory. The inventory was approved February 13, 1940. It showed among the assets the land involved in this suit. … Also a jury could conclude that Risinger, who was clearly an agent of the mother to explain the deed and obtain its execution, represented the instrument to be only of a nature to enable the mother “to' get the oil lease

Reasoner v. Gulf, C. & S. F. Ry. Co.

152 S.W. 213 · Court of Appeals of Texas · Nov 9, 1912

The following established and well-known customs and usages of defendant also became parts of its contract of employment of plaintiff: First. … himself to labor in said service; and that he has not qualified himself to labor in any other service to the extent he has in said railway service.”

Eller v. Erwin

265 S.W. 595 · Court of Appeals of Texas · Jun 21, 1924

The following material facts were established: On April 24, 1909, R. C. Eller was in the automobile business in Dallas, Tex., and applied to C. C. Slaughter for a loan, the money to be used in his business. … of the parties, while the account is accruing, that it is to be taken as one, it will be so regarded by the courts. * * * And the question whether it is so inferable is one for the jury. * * * In this case the evidence clearly

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

Northcutt v. Jarrett

585 S.W.2d 874 · Court of Appeals of Texas · Jul 25, 1979

Carroll, 514 S.W.2d 240, 244 (Tex.1974), and the second requirement of Hagedorn has been qualified. Baker v. Goldsmith, 582 S.W.2d 404, 407 (Tex.1979). … Jarrett contends that the evidence conclusively established that she was not negligent.

Burke v. Central Education Agency

725 S.W.2d 393 · Court of Appeals of Texas · Jan 28, 1987

The requirement is said to establish “a jurisdictional prerequisite” essential to fully exhaust a complaining party’s “administrative remedies,” so that he might qualify as a “person who has exhausted all administrative remedies … Procedure 2 do in some instances dictate the requisite contents and specificity of the pleading: Rule 321 requires that a party’s motion for new trial must point out the asserted error “in such a way that the objection can be clearly

Ballard v. Ballard

296 S.W.2d 811 · Court of Appeals of Texas · Dec 6, 1956

-'Gárlóy/ The - highlights' of "iheir material 'testimony- are-: ■ < -. . • " ■: Byron McClelland testified he was a practicing "attorney ¿Z Gátesviíle';.' that he was 'e'mploye'd by'-Delbert Ballard,-'who qualified as "temporary … If, however, they are not, in and of themselves, competent, standing alone, to establish the parol trust here contended for, they are clearly admissible and competent to corroborate and bolster up Delbert Ballard’s own admission

Thompson & Tucker Lumber Co. v. Platt

154 S.W. 268 · Court of Appeals of Texas · Jan 29, 1913

The question presented is: Does the undisputed evidence establish so clearly and unmistakably the execution of this deed that reasonable minds could come to no other conclusion, or is the finding of the jury that it was not … executed so against the great and overwhelming weight of the evidence as to appear clearly wrong?

Nations v. State

894 S.W.2d 480 · Court of Appeals of Texas · Mar 1, 1995

The court should set aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Id. at 381 (citations omitted). … Given the trial court’s authority to resolve conflicting testimony, appellant has clearly failed to meet the five-prong Sneed test to show reversible error.

Cockburn v. Mercantile Petroleum, Inc.

296 S.W.2d 316 · Court of Appeals of Texas · Jul 13, 1956

Under the record it was clearly within the province of the jury to take all the evidence in the record and thereafter find the sum of $225,000 as the value of the property at the time it was delivered to Mercantile. … Point 32 asserts the judgment is excessive and, as a matter of law, the evidence could sustain a judgment not in excess of $875; countered that Mercantile clearly proved its cause of action under art. 4004 and the' evidence

Martin v. Martin

545 S.W.3d 162 · Court of Appeals of Texas · Sep 20, 2017

the court is barred by rules of law or evidence from giving weight to the only evidence offered to prove a vital fact, (3) the evidence offered to prove a vital fact is no more than a mere scintilla, or (4) the evidence establishes … First, a careful reading of the testimony reflects that the relevant times were qualified as estimates. Tammy testified to when she usually dropped her daughters off at school and when she usually got back to the house.

Stephenson v. Chappell

12 Tex. Civ. App. 296 · Court of Appeals of Texas · May 27, 1896

"On November 10, 1880, said Samuel Armstrong qualified as survivor of the community estate in the manner prescribed by law. … "A special verdict is defective and must be set aside, which does not find all the facts put in issue by the pleading, although the evidence may establish beyond any controversy the existence of the facts not found."