Case law

Moore v. Chamberlain

152 S.W. 195 · Court of Appeals of Texas · Jun 15, 1912

Worth Moore. “(51) Find from the evidence and state whether the plaintiff in this ease ever qualified as the survivor of the community estate of herself and deceased husband? … conclusively that her cause of action to redeem was clearly barred by the four years statute of limitation.” [1] Whether the issues were thus limited or not, we have concluded that each of the questions raised by appellant

Panhandle Publishing Co. v. Fitzjarrald

223 S.W.2d 635 · Court of Appeals of Texas · Sep 19, 1949

T want the evidence established by good, truthful witnesses and not by .drunken perjurers and snitches.’ … The published article is clearly a comment and criticism of his conduct of the office made in view of his candidacy. “In the case of Cotulla v.

King v. Heirs & Beneficiaries of Watkins

624 S.W.2d 252 · Court of Appeals of Texas · Sep 17, 1981

Watkins was seeking to establish a guardianship in that proceeding and was not attempting to adopt appellant. … The negative answer to Special Issue Number One seems clearly to indicate that the jury, after considering all of the evidence, failed to find any agreement to adopt.

Jacobs v. Sellers

798 S.W.2d 24 · Court of Appeals of Texas · Sep 13, 1990

Sellers qualified as the Independent Executor of the Estate of Virginia A. Newton, Deceased. Aligned with him in this appeal are Melba Kahn, Bernard Kahn, Virginia Ann Kahn • and W.B. Kahn. … Don Stocking qualified as an attorney ad litem for certain minor beneficiaries under the will. The Appellees, at the threshold, invoke the provisions of TEX.R.APP.P. 74(f).

County of Harris v. Southern Pacific Transportation Co.

457 S.W.2d 336 · Court of Appeals of Texas · Jul 30, 1970

They clearly show the road work in progress across the railroad’s right of way. … I do not feel qualified on the engineering points.” We assume that as to the County the trial court considered only the amount of damages.

Robinson v. Chiarello

806 S.W.2d 304 · Court of Appeals of Texas · Apr 23, 1991

The record clearly shows that the trial court had only ruled on the appellants' first motion for new trial by the time the severance was signed. … In a summary judgment case, the issue on appeal is whether the movant met his burden for summary judgment by establishing that there exists no genuine issue of material fact and that he is entitled to judgment as a matter

Mutual Life Insurance Co. v. Blodgett

8 Tex. Civ. App. 45 · Court of Appeals of Texas · Jun 20, 1894

“Section 19 is as follows: 'No citizen of this State shall be deprived of life, liberty, property, privileges, or immunities, of in any manner disfranchised except by the due course of the law of'the land.’ Mr. … It is also objected to some of this evidence that it is relative in its character, and not direct and positive as to the main fact sought to be established — namely, the age of the insured.

Rivas, Gerardo Tomas

Court of Appeals of Texas · Jul 30, 2015

established FEDERAL LAW as determined by the SUPREME COURT OF THE UNITED STATES, or involved an unreasonable application of clearly established FEDERAL LAW as determined by said SUPREME COURT. … of clearly established FEDERAL LAW as determined by said SUPREME COURT.

Williams v. Tooke

116 S.W.2d 1114 · Court of Appeals of Texas · Mar 7, 1938

In that event, if he gets all the heirs in court, there is clearly no need of an administration.” (Page 1006.) … survivor vests in the survivor who fails to qualify under our statutes; for failure to qualify in no wise restricts ot limits a survivor’s power to apply community assets to the discharge of community debts.”

Gurley v. San Antonio & Aransas Pass Railway Co.

58 Tex. Civ. App. 308 · Court of Appeals of Texas · Dec 22, 1909

and upon which his opinion was based, we will say that the record discloses facts showing such extensive investigations on the ground, running of levels and determining of elevations as, in our opinion, to sufficiently qualify … involved or not, may have been the cause of all the damages occasioned the rental value of appellant’s lands during these years, yet, if the facts in evidence authorized a charge upon such theory, the one given does not clearly

State v. Humble Oil & Refining Co.

263 S.W. 319 · Court of Appeals of Texas · Apr 9, 1924

It is therefore clear that the state of Texas based its case upon two grounds, each dependent upon the other to establish the cause of action alleged, and each dependent Upon the other to establish its contention on this … Appellee insists that this distinction is significant, in that it clearly shows an intention on the part of the Legislature to make a distinction in the punishment of a foreign and a domestic corporation violating the anti-trust

Villarreal v. Hedrick

579 S.W.2d 41 · Court of Appeals of Texas · Feb 22, 1979

It was established that from the first day of the recount until 10:45 a. m. of the second day, only Munoz questioned the ballots and the other two members did not see such ballots. … Appellee complained, but her complaints were disre *45 garded until, according to her testimony, Odom said to Munoz: “[fjrom now on, if you are going to decide on a ballot, all three of us should have a say whether it qualifies

Shannon v. Law-Yone

950 S.W.2d 429 · Court of Appeals of Texas · Sep 4, 1997

common law actions for debt.” 35 Appellees stress that both Williams and Castillo were commercial fraud cases to support their contention that because Shannon’s cause is not commercial or debt-related in nature, it does not qualify … Conversely, Williams clearly states that all fraud actions are consistently governed by the- four-year statute of limitations, regardless of the remedy sought. 41 Fraud has been described as deception intended to “induce

New York Underwriters Insurance Co. v. Coffman

540 S.W.2d 445 · Court of Appeals of Texas · Jul 16, 1976

This was clearly not error because the defendant owned interest from July 10, 1972, and for each day of lost rental as the loss occurred on each succeeding day thereafter until a total loss of $3,600.00 had been sustained … It follows that the making of the proof of loss cannot establish the date these two sums here involved became due and payable.

Crofford v. Armstrong

342 S.W.2d 607 · Court of Appeals of Texas · Jan 6, 1961

Reed, a duly qualified certified public accountant, testifying for plaintiffs, had theretofore stated that according to annual reports of conditions of Old Line Life Insurance Company made by appellant to the Insurance Commissioner … As appellees remark “to deny them interest on this value from date of the fraud until date of judgment would clearly deny them just compensation for their loss.”

Stritzinger, John S.

Court of Appeals of Texas · Jun 1, 2016

Petitioner believes that ex-parte conversations between judges should be used only to establish the importance of an emergency hearing and not for a trial on the merits. … Ramos said she was not qualified to provide the recommendations she did, and was removed by court order, as was Ms. Swank. Mr.

Town of Port Acres v. City of Port Arthur

340 S.W.2d 325 · Court of Appeals of Texas · Oct 13, 1960

The petition then alleged that on or about November 20, 1959, upon a petition submitted by more than 20 signatures of qualified voters residing within the limits of the proposed town to be known as Port Acres, the County … To hold the ordinance a vain and futile act is not only to go against the oft-repeated rule above stated but wholly disregards the clearly stated title, art. 1, Sec.

Better Business Bureau of Metropolitan Houston, Inc. v. John Moore Services, Inc.

500 S.W.3d 26 · Court of Appeals of Texas · Jun 2, 2016

According to Valentine, in the summer of 2010, John Moore agreed to modify an advertisement regarding a special on drain cleaning after consumers complained to the Houston BBB that their situation did not qualify for the … For these defendants, we hold that the evidence establishes an identity of interest.

Webb v. L. B. Walker & Associates

544 S.W.2d 952 · Court of Appeals of Texas · Dec 22, 1976

-Austin 1939, writ dism’d judgmt. cor.): No rule is better established than the one that where a title or caption of an act specifies the particular field of the amendment, and' that it is to cover or state a particular purpose … In article VI, section 3-a, the Constitution limits suffrage in municipal bond elections to qualified electors owning taxable property “who have duly rendered the same for taxation . . . .”

Dewey v. American National Bank

382 S.W.2d 524 · Court of Appeals of Texas · Jun 15, 1964

Owen a few months previous in order that he could clear some bank stock so as to-qualify himself as a director of the bank. There is not anything whatever in the record above innuendoes to suggest that Mr. … Clearly some of the en masse issues should not have been given. Some were duplications of issues given.