Case law

Jaqualien Grant v. State

475 S.W.3d 409 · Court of Appeals of Texas · Aug 25, 2015

Likewise, the jury’s finding rejecting appellant’s affirmative defense was not so against the great weight and preponderance of the evidence as to be manifestly unjust, conscience-shocking, or clearly biased. … See id. at 468. 14  Likewise, the extraneous-offense testimony the State presented at trial is sufficiently distinctive and similar to the charged offenses to qualify as modus

City of McAllen v. Ev. Lutheran Good Samaritan Society

518 S.W.2d 557 · Court of Appeals of Texas · Jan 30, 1975

This is clearly not the case here. The Supreme Court in City of Houston v. Scottish Rite Benev. … The evidence clearly shows that admissions were made without regard to wealth or poverty.

Trimmier v. Carlton

264 S.W. 253 · Court of Appeals of Texas · Mar 26, 1924

We think clearly the inhibition, in so far as enjoining acts of the directors is concerned, is limited to the issue of bonds. … We also hold that in an election to create such district a two-thirds majority vote of the taxpaying resident qualified voters of the entire district is required.

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

264 S.W. 595 · Court of Appeals of Texas · Jun 11, 1924

Both he and appellee qualified as experts from long service as to couplers. Other employees testified that the cars in question coupled several times after the injury by impact on the same day. … Appellant also insists that the failure of the coupler to couple automatically by im-' pact one time was clearly, under all the testimony, not the proximate cause of appellee’s injuries.

Cty. Bd., Etc. v. Bullock Common Sch.

37 S.W.2d 829 · Court of Appeals of Texas · Jan 3, 1931

Fraud in securing the signatures to the petition, and that the voters were not qualified. 3. … , and without doubt it may establish such administrative agencies as may be necessary to attain the end in view, which was a general diffusion of knowledge among our people.

Southwestern Life Ins. Co. v. Houston

121 S.W.2d 619 · Court of Appeals of Texas · Oct 21, 1938

Houston is the duly appointed, qualified and acting receiver of the Universal Motor Company of Arlington, Inc., as successor to Ray McKnight, and as such is authorized to prosecute this suit as plaintiff; “2. … “But the suicide clause is not one which enters into the original validity of the contract, but one which defeats the right of recovery after the full existence of the contract is established.

Gullo v. City of West University Place

214 S.W.2d 851 · Court of Appeals of Texas · Oct 28, 1948

This contention is overruled without extended discussion, as being, in the state-of this record, clearly unsound; the fact being that the intervenors were not only home owners within the appellee City, but were occupants … In such circumstances, the trial court’s action in holding the witness qualified constituted no abuse of judicial discretion. Foley Bros. Dry Goods Co. v.

National Housing Agency v. Orton

202 S.W.2d 243 · Court of Appeals of Texas · Apr 25, 1947

We have not found any statute expressly qualifying the consent that the corporation may be sued which these provisions evidence, and if that consent is limited, the limitation must be inferred. … They have suggested the argument that it was so far put in place of the sovereign as to share the immunity of the sovereign from suit otherwise than as the sovereign allows.

Jackson v. Williams

510 S.W.2d 645 · Court of Appeals of Texas · May 30, 1974

A careful reading of such article clearly indicates to me that it is intended to make a real estate broker responsible for the acts of his agents, which law has no application to the factual situation before us. … The relationship between two real estate brokers in a multiple-listing situation completely fails to qualify in many aspects to be a "joint venture."

Texas Health & Human Services Commission & Office of Inspector General v. Antoine Dental Center

487 S.W.3d 776 · Court of Appeals of Texas · Apr 7, 2016

Charles Evans was not qualified to be an expert because he did not treat Medicaid patients. … Evans was not a qualified expert witness ....

Craig v. City of Dallas

20 S.W.2d 154 · Court of Appeals of Texas · Jun 28, 1929

This holding was clearly erroneous. … provision is mandatory and made the right of plaintiff to just compensation for damage to his property absolute and placed it beyond the power of the Legislature to impose conditions on such right of recovery or to otherwise qualify

Western Cotton Oil Co. v. Mayes

245 S.W.2d 280 · Court of Appeals of Texas · Dec 14, 1951

Evidence of intoxication, standing alone, does not establish negligence or proximate cause. … Wilson, supra, which we think is clearly correct. The deposition of Highway Patrolman Taylor was taken by Walker.

Aguirre v. State

490 S.W.3d 102 · Court of Appeals of Texas · Mar 1, 2016

The assertion could be construed as an argument that the training and experience mentioned in the affidavit, while true, were insufficient to qualify Detective Cardenas to opine on the habits of pedophiles. … When part of an affidavit must be excluded, we determine whether “ ‘the independently acquired and lawful information stated in the affidavit nevertheless clearly established probable cause.’ ” Id.

Texas Employers' Insurance Ass'n v. Maston

321 S.W.2d 343 · Court of Appeals of Texas · Feb 2, 1959

West, Tex.Civ.App., 126 S.W.2d 510, 511 (writ refused) is directly in point here where the court said: “That the proof and the allegation must correspond is so well established in this State that no authority is necessary … Vickers: Again, that is not correct, Your Honor, because that is qualified because it has to be by reason of damage or harm to the physical structure of the body. “Mr. Bowers: I read the whole thing.

In re T.R.

491 S.W.3d 847 · Court of Appeals of Texas · Apr 4, 2016

Grandmother in this instance was unable to establish membership of the Choctaw Nation. Her children and grandchildren, therefore, would not be eligible. … Programs Available to Assist A.M.C. to Promote the Best Interest of the Child The evidence clearly supported the conclusion that A.M.C. needed assistance in her everyday life.

Atchison, Topeka & Santa Fe Railway Company v. Ham

454 S.W.2d 451 · Court of Appeals of Texas · May 6, 1970

Clearly this is not a quest for a sole cause. Probably it cannot be said of any event that it has a single causal antecedent; usually there are many. … One witness, qualified more than 20 years as an engineer, testified that a good engineer will keep the slack out of the train and never let it bunch up.

Associated Indemnity Corp. v. Baker

76 S.W.2d 153 · Court of Appeals of Texas · Oct 1, 1934

Baker and her children having failed to sustain the burden imposed upon them by law to establish by proof that J. P. … By referring to the record, we find the objection is that they were not qualified ns chemists, but testified as experts. These propositions are without merit.

Blanton v. City of Houston

350 S.W.2d 947 · Court of Appeals of Texas · Oct 19, 1961

In such cases, the governing body of each such city shall be authorized to call and hold an election, in the same manner provided for calling and holding bond elections, for the purpose of submitting to the duly qualified … exercise of discretion or judgment.” 28 Tex.Jur., Mandamus, § 13. “ * * * a mandamus will lie to correct a gross abuse of discretion upon the part of boards or officers intrusted with such discretion, when such abuse is so clearly

City of Pearland v. Alexander

468 S.W.2d 917 · Court of Appeals of Texas · Apr 22, 1971

The City did not use its right to qualify, limit or restrict the rights which it was acquiring by condemnation. … The statement was clearly improper, but we cannot say that it was so prejudicial that its effect could not have been allayed by an instruction from the trial judge.

Fort Worth & Denver City Ry. Co. v. Motley

87 S.W.2d 551 · Court of Appeals of Texas · Sep 16, 1935

Error in admitting such testimony is harmless unless it clearly appears that it was prejudicial to the complaining party. Simpson v. De Ramirez, 50 Tex. Civ. App. 25 , 110 S. W. 149 ; Chicago, R. I. & T. Ry. Co. v. … We think the witness was qualified to testify, and overrule the fourth proposition.