Case law

St. Louis S. W. Ry. Co. of Texas v. Griffin

154 S.W. 583 · Court of Appeals of Texas · Feb 12, 1913

When a man has qualified him *586 self for a particular avocation, if lie be deprived of tbe privilege of exercising sueb avocation, great injury is inflicted upon him and those dependent upon Mm. … constitutionality of the Blacklisting Law, and have made such discussion of same as we deemed the questions entitled to receive, and bearing in mind the rules for construing laws attacked upon the grounds of unconstitutionality, as clearly

Raul Rodriguez v. State

456 S.W.3d 271 · Court of Appeals of Texas · Dec 22, 2014

Penal Code Section 9.31(b)(5)(A) qualifies this defense. … to establish that [Barron] qualified for the traveling exception or that he held a license to carry the handgun used in the shooting.”

San Antonio Public Service Co. v. Alexander

270 S.W. 199 · Court of Appeals of Texas · Feb 11, 1925

Clearly this was stating a conclusion. That was the very issue for the jury to find. … He could only give bis opinion on the known facts, as an expert properly qualified to do as in other cases.

O. v. P.

560 S.W.2d 122 · Court of Appeals of Texas · Nov 3, 1977

Tex.R.Civ.P. 372 clearly sets out the proper procedure whereby a party may make a bill of exception for proper inclusion in the appellate record. … In reversing and remanding the case, the court wrote: “This court . . . knows of no rule that permits a court arbitrarily to refuse to permit a child of proper age and otherwise qualified to testify when one of the parties

Taylor v. Shuffield

52 S.W.2d 788 · Court of Appeals of Texas · May 25, 1932

The question here is not the establishment of a bad result from a known injury, but the establishment of the injury itself, which, according to the opinion of each expert, might have resulted from (a) the operation in question … This language clearly evidences the intention of the Legislature to authorize the taking of the deposition of a party to a suit upon oral interrogatories and answers.

Earls v. State

650 S.W.2d 858 · Court of Appeals of Texas · Aug 19, 1982

The general rule is that an offense is a lesser included offense if it is established by proof of the same or less than all the facts required to establish the commission of the offense charged. … This provision clearly furnishes adequate warning to anyone of ordinary intelligence that that kind of conduct embarked on by appellant would constitute an offense. Wells v. State, supra.

Coffee v. Manly

166 S.W.2d 377 · Court of Appeals of Texas · Oct 16, 1942

specific description of the land, followed by a declaration that the land so described is the same as that conveyed to the signers of said instrument in a certain deed, and such declaration is untrue, except in a limited and qualified … It clearly shows which of the “some of us” is meant, namely, Effie Shelton and Ruth Ballard.

Western Indemnity Co. v. MacKechnie

185 S.W. 615 · Court of Appeals of Texas · Apr 1, 1916

October 25, 1913, the said Edward MacKechnie was declared by competent and duly constituted medical authority to be permanently paralyzed and permanently insane; that -appellee, Ellen Mac-Kechnie, is the duly appointed, qualified … capable of two constructions, should be construed favorably to the insured, and most strongly against the insurer, plain, explicit language cannot be disregarded, nor an interpretation given the policy at variance with the clearly

Chatham v. State

889 S.W.2d 345 · Court of Appeals of Texas · Aug 4, 1994

Much of the evidence complained about was clearly admissible. … Clearly, counsel qualified his final statement with the words, “if that becomes necessary.” He did not anticipate the punishment phase, he merely acknowledged it was a possibility.

Van Hoose v. Moore

441 S.W.2d 597 · Court of Appeals of Texas · May 5, 1969

McCaughey has qualified as guardian of the estate of her two minor children, William Criss Coberly and Gary Parker Coberly, and is also a party in such capacity. … necessary to the establishment of a second residence away from the domicile.”

Hunter v. Koisch

798 S.W.2d 857 · Court of Appeals of Texas · Oct 11, 1990

The primary question in Lehman was whether Randy Lehman, an adopted adult, qualified as a “descendant” of his adoptive father within the terms of the adoptive father’s will. … Even though Lehman is clearly distinguishable, we find guidance from that opinion.

Smith v. Negley

304 S.W.2d 464 · Court of Appeals of Texas · Jul 17, 1957

If this fact does not, as they contend, constitute a declination to accept under the will then clearly and justly, it seems to us, appellants should have and of necessity must have a final determination of that contest before … Smith to forego some right as an heir in order to qualify as a beneficiary under the will then certainly we should not undertake to do what the testatrix did not do.

Texas Employers' Insurance Ass'n. v. Sedberry

606 S.W.2d 35 · Court of Appeals of Texas · Sep 11, 1980

The identity and mode of preparation of the memorandum or record in accordance with the provisions of paragraph one (1) may be proved by the testimony of the entrant, custodian or other qualified witness even though he may … The autopsy report was clearly admissible as against the objection it was hearsay and did not meet the requirements of art. 3737e.

Kansas City Life Ins. Co. v. Hudson

71 S.W.2d 574 · Court of Appeals of Texas · Apr 26, 1934

The specific rule established by all the authorities above cited is that appellees, as a basis for contesting the validity of appellant’s debt on the ground of usury, must show, as stated in the above quotation from 2 Jones … We think said consideration clause, properly construed, shows that the amount of the debt due by the grantor to which he made the title conveyed to appel-lees subject, constituted a specific and clearly defined element of

Range Resources Corp. v. Bradshaw

266 S.W.3d 490 · Court of Appeals of Texas · Oct 2, 2008

Although no lease existed at the time the reservation was created, the reservation clearly indicates that leasing was anticipated: in Paragraph Two, the reservation states that it is unnecessary for the grantors, heirs, or … or obtaining child support, if the State makes the appropriate findings with regard to noncooperation and the individual does not qualify for good cause or other exceptions, then the State (A) shall deduct from the assistance

Dos Republicas Coal Partnership v. David Saucedo, as Floodplain Administrator and County Judge of the Maverick County Commissioners Court, and the Maverick County Commissioners Court

477 S.W.3d 828 · Court of Appeals of Texas · Oct 8, 2015

Plains Lamesa R.R., Ltd., 52 S.W.3d at 779 (recognizing that “a district can exercise no authority that has not been clearly granted by the Legislature.”). … The district stated that the property description was insufficient to establish that well spacing regulations were met. Id.

Texas Electric Service Company v. Campbell

328 S.W.2d 208 · Court of Appeals of Texas · Jul 15, 1959

Each of the witnesses on value was qualified as an expert. Defendant’s witness F. E. … amount of the award of the special commissioners, which has been excepted to in accordance with the provisions of Article 3266, ¶ 6, Vernon’s Ann.Texas St., is not a matter which may be placed in evidence for the purpose of establishing

Ishin Speed Sport, Inc. v. Rutherford

933 S.W.2d 343 · Court of Appeals of Texas · Nov 7, 1996

Clearly, an offer and its acceptance in strict compliance with the offer’s terms are essential to the creation of a binding contract. American Nat’l Ins. Co. v. … Clearly, the focus is on the experience of the persons involved in the enterprise and the nature of the business activity and the relevant market. Id.

Bankers' Health & Accident Ass'n v. Widkes

209 S.W. 230 · Court of Appeals of Texas · Feb 5, 1919

Not being a statutory application under all the circumstances, it was addressed to the sound discretion of the trial court, who qualified the bill by stating that the testimony, if secured, would bo cumulative. … This clearly does not raise the issue, because it does not appear that deceased was in possession of the pistol at that time, or, if so, that it had been táken out of its scabbard.

Greg Saldinger v. State

474 S.W.3d 1 · Court of Appeals of Texas · Jul 30, 2015

Here, appellant’s counsel asked a broad question in the abstract, regarding whether the venire members would be more likely to believe a police officer over someone else, without any qualifying information. … Accordingly, the trial court did not clearly abuse its discretion in refusing to strike these prospective jurors for cause.3 We overrule appellant’s first issue. II.