Case law

A. J. Richardson v. Holmes

525 S.W.2d 293 · Court of Appeals of Texas · Jul 10, 1975

So clearly our Supreme Court has said that conduct of which, the jury found defendants guilty in S.I. Nos. 1 and 2 is medical malpractice. … The cause of action of wrongful death and the recoverable damages are established at the time of death. Dobbs, Remedies § 8.6 at 568 (1973); 87 A.L.R.2d 252 (1968).

McArthur v. Hall

169 S.W.2d 724 · Court of Appeals of Texas · Feb 26, 1943

In the Richard case the court said: “The evidence in this case clearly shows that the cohabitation between plaintiff and defendant was at all times irregular, limited, and partial, and, therefore, such, evidence was not sufficient … In the last named case it is said that the law allows evidence to be given of a general reputation and none other, and that evidence cannot be received to show a partial, limited, or qualified repute.

Merrick v. State

567 S.W.3d 359 · Court of Appeals of Texas · Feb 1, 2018

He argues that these posts established three defensive theories: (1) "her motive to lie about the sexual assault was to get herself out of trouble with her parents by falsely blaming all her negative conduct on Appellant, … That's clearly not a person that is embarrassed. So that goes to her credibility.

City of Dallas v. Atkins

197 S.W. 593 · Court of Appeals of Texas · Jun 23, 1917

Childress, can be established for such assessment. This contention is well taken. … Commissioners were appointed by the county judge and duly qualified.

All American Bus Lines, Inc. v. Hawkins

188 S.W.2d 992 · Court of Appeals of Texas · Jun 20, 1945

other States of the Union until it reaches the Texas line, and that it refuses to transport passengers intrastate in Texas (even though there are vacant seats in its busses which could carry fare-proffering and otherwise qualified … pursuant to a finding to the effect that the public convenience and necessity require such operation. * * * ” The exclusive sphere of regulation and control of commerce as between the state and federal government is very clearly

More v. State

692 S.W.2d 912 · Court of Appeals of Texas · May 23, 1985

Appellant clearly intended to rob and assault the deceased. His acts resulted in the offense of capital murder and he is guilty of that offense. … The lesser offense of robbery is included within the proof necessary to establish capital murder.

TXI Transportation Co. v. Hughes

224 S.W.3d 870 · Court of Appeals of Texas · May 24, 2007

Appellants thus established a prima facie case of racial discrimination. … The trial court's abuse of discretion in admitting all of the evidence regarding Rodriguez's illegal-alien status was clearly harmful.

Darwin v. Fugit

914 S.W.2d 621 · Court of Appeals of Texas · Jan 18, 1996

total consideration, must be less than $500,000]. (6) Such common stock shall be issued only for money or other property (other than stock or securities). (7) Such other action shall be taken by the corporation as shall qualify … She asserts that Fug-it’s breach of the contract was evidenced by his failure to clearly and unambiguously draft the incorporation documents so as to clearly and unambiguously issue one-half ownership in the corporation to

LaGrone v. State

757 S.W.2d 893 · Court of Appeals of Texas · Sep 14, 1988

On the contrary, it is clearly shown that Appellant voluntarily placed himself in the Wal-Mart store all night on December 22-23. … The failure of the fingeprint analyst to find prints on the tools could have been discounted by the jury by accepting the analyst’s explanation, after being qualified as an expert, that the metal was too thin and the surfaces

Davis v. State

831 S.W.2d 426 · Court of Appeals of Texas · Sep 30, 1992

Second, it was a personal interview in the district attorney’s office, a setting clearly conducive to intimidation. … Finally, the dramatic effect of the meeting on Toth was clearly established, both in the very fact that she changed her testimony and in the reasons she gave for the change.

H. Tebbs, Inc. v. Silver Eagle Distributors, Inc.

797 S.W.2d 80 · Court of Appeals of Texas · Jun 13, 1990

Clearly, the Commission acted within its authority in granting the timely motion for rehearing. … Tebbs/Coors’ right to intervention in such a case is established under the King test discussed above.

Hastings v. Bushong

252 S.W. 246 · Court of Appeals of Texas · Apr 11, 1923

That was part of the obligation itself, the record showing he qualified under the powers contained in the obligation. … But we do not believe that omission in the note would require us to hold the judgment void under the authorities and the rule laid down which required evidence in the first place to establish foreign judgments.

Aetna Casualty and Surety Company v. Clark

427 S.W.2d 649 · Court of Appeals of Texas · Apr 19, 1968

All that is necessary is that the petition sufficiently allege facts establishing a cause of action from which the court can ascertain the proper measure of damages. … The answers of the jury, supported by the evidence, clearly removes the case from the application of the provisions of the policy relating to suspension of coverage.

Western Union Life Co. of Houston v. Ensminger

103 S.W.2d 162 · Court of Appeals of Texas · Feb 19, 1937

Also, that the defendant Texas Central Life Association qualified under the law known as House Bill 303 (Acts 1933, c. 245 [Vernon’s Ann. Civ. … The fact would yet remain as conclusively established by the evidence that no liability was shown.

American Surety Co. of New York v. West State Bank

4 S.W.2d 312 · Court of Appeals of Texas · Mar 8, 1928

Appellant apparently concedes that the rule announced in that case is the established law of this state. … The statute clearly applies and determines the rights of parties when inquiry is actually made and fully answered, regardless of whether such answer is false or not.

Ingersol v. McWillie

9 Tex. Civ. App. 543 · Court of Appeals of Texas · Jan 23, 1895

Collins, whereby she seeks to establish the fact that she is such surviving wife. … Daugherty, who resides in McLennan County, Texas, is the duly appointed and qualified guardian of the person and estate of said Walter D.

American Refining Co. v. Sims Oil Co.

282 S.W. 894 · Court of Appeals of Texas · Jan 30, 1926

Court further pointed out that none of the defendants, though all appeared to have been present at the trial, offered any testimony to rebut plaintiffs' testimony, and it was further pointed out that the testimony did not establish … Before cashing the checks, Greene, as the representative of Waggoner, wrote the company that the checks would not be accepted in full, and the evidence sustains the acquiescence of the company in this qualified acceptance

Texas Employers' Ins. Ass'n v. Beckworth

42 S.W.2d 827 · Court of Appeals of Texas · Oct 7, 1931

Ass’n, 17 S.W.(2d) 1046 , holds: “Industrial incapacity (at least incapacity for such work at [as] Miss Herzing had been doing) is established by the verdict. … In fact, all of the jurisdictional steps were taken before the Industrial Accident Board to establish the jurisdiction of the court.

Ft. Worth & D. C. Ry. Co. v. Frazier

191 S.W. 808 · Court of Appeals of Texas · Dec 9, 1916

So a mere reduction from the established rate is not necessarily an unjust discrimination. … Nor .the language of the Fourteenth Amendment of the federal Constitution, providing that: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall

Erwin v. Texas Employers' Ins. Ass'n

63 S.W.2d 1076 · Court of Appeals of Texas · Oct 12, 1933

Rogers qualified as a physician; was called to attend Olarence E. Erwin about 4:30 a. m. on August 23,1932; found him suffering from a gunshot wound, from which he died about 1 o’clock on August 25, 1932. … The evidence does not indicate, except by inference, that the negro, Lott, knew Erwin was an employee of the Midwest Dairies, Inc., or in any employment, but the evidence does clearly indicate to us that the injury to Erwin