Case law

Gulf, Colorado & Santa Fe Railway Co. v. Johnson

10 Tex. Civ. App. 254 · Court of Appeals of Texas · May 8, 1895

The evidence without conflict established, that A. D. Johnson was the husband and father respectively of Mrs. M. S. … In this view the verdict of the jury should have great weight, and should not be set aside unless it is clearly excessive, or there are indications that they were moved by passion or prejudice.

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.

Baylor University v. Chester Sav. Bank

82 S.W.2d 738 · Court of Appeals of Texas · Apr 4, 1935

Clearly, under the rules announced in the authorities above cited, merger as a matter of law was not shown. … Massie promptly qualified.

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

Navarro v. Collora

566 S.W.2d 304 · Court of Appeals of Texas · Feb 28, 1978

The circumstances which entitle a litigant to an instructed verdict are clearly set out in 56 Tex.Jur.2d, Trial § 206 (1964), as follows: “A motion for an instructed verdict will be granted where no issue of fact is presented … Charles Frank Mustachia and Frances Mus-tachia qualified as trustees thereunder. *311 The intervenors are the sole beneficiaries under the will of the decedent. There is no evidence as to the age of the intervenors.

Humble Oil & Refining Co. v. Daniel

259 S.W.2d 580 · Court of Appeals of Texas · Jun 11, 1953

Article 2, of the Oklahoma Constitution provides: “The records, books, and files of all corporations shall be, at all times, liable and subject to the full visitorial and inquisitorial powers of the State, notwithstanding the immunities … Such proceeding is clearly not one wherein that power may be invoked.

Victor Refining Co. v. City Nat. Bank of Commerce

263 S.W. 622 · Court of Appeals of Texas · Mar 19, 1924

, it may well deserve inquiry how far any stipulation in those articles and which limit the responsibility of the members to the mere joint funds, or to a qualified extent will be binding upon their creditors who have notice … But I see no reason to doubt, but they may limit their responsibility, by an explicit stipulation, made with the party with whom they contract, and clearly understood by him at the time.

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.”

Texas Traction Co. v. Fearris

163 S.W. 1060 · Court of Appeals of Texas · Feb 14, 1914

We conclude that clearly it was not. The material issue, so far as relates to the testimony of Johns, was whether ap-pellee’s injuries were the result of the wreck, or due to troubles of a syphilitic nature. … The third assignment of error complains of the action of the court below in permitting appellee to prove by a number of witnesses, who properly qualified themselves-, that appellee’s general reputation for truth and veracity

Grundy v. Broome

90 S.W.2d 939 · Court of Appeals of Texas · Jan 20, 1936

Davenport was duly elected and has qualified as mayor. This deed was also for the benefit of the railway bonus committee. The lands hereinabove described were conveyed to R. A. … Party of the first part also agreed to make Memphis headquarters for the construction work and townsite company, and to establish and maintain a freight division and shops at Memphis for ■forty years, etc.

Dallas County Water Control & Improvement District No. 7 v. Ingram

395 S.W.2d 834 · Court of Appeals of Texas · Oct 8, 1965

The rule is clearly established in Texas that if the original writing is not produced or its nonproduction accounted for, evidence of its contents is not admissible. 2 McCormick & Ray, Texas Law of Evidence, § 1563, Page … This was contrary to the opinion of the witness Douthit who was not shown to be an accountant or one qualified to interpret a statement of this kind.

Federal Land Bank of Houston v. Tarter

86 S.W.2d 523 · Court of Appeals of Texas · Sep 19, 1935

Tarter qualified immediately thereafter as administra-trix thereof. Said administration was pending at the time • of the trial herein, and the validity thereof is not questioned. … Niblo, by our Supreme Court, the jurisdiction of the county court to enforce a valid lien on the homestead is, by necessary implication, clearly recognized.

Glass v. Carpenter

330 S.W.2d 530 · Court of Appeals of Texas · Nov 18, 1959

In such case, the founder having the entire jus disponendi in disposing of his own property, sees fit to give to his beneficiary a 'qualified and limited, instead of an absolute, interest in the income. … That case, therefore, is clearly distinguishable from the present case.

Mass v. Bromberg

28 Tex. Civ. App. 145 · Court of Appeals of Texas · Jan 17, 1902

Houston County, on which they had established their home. … The deed from Dick Mass to plaintiff as set out in- the *148 petition conveyed only an undivided interest of 110 acres in the 310-aere tract, and it clearly appears from the petition that the land from which plaintiff was

Lowrey v. Fitzhugh

153 S.W. 1190 · Court of Appeals of Texas · Jan 13, 1913

It is true a contrary doctrine has been established in many other states, and so have many text-writers of substantive law laid down a doctrine at variance with that here adhered to. … Again, after quoting the language of Judge Jenkins, as copied above he says: “We are unable to reconcile the doctrine thus announced with that so clearly established as herein-before set out, which amounts to saying that

Great American Health & Life Insurance Co. v. Lothringer

422 S.W.2d 543 · Court of Appeals of Texas · Dec 14, 1967

The statement and argument of appellant under this point clearly reflects that appellant was referring to the legal requirements of proof under the provision of the policy which insured against loss or disability resulting … The logical meaning of the policy terms limits the coverage to accidental bodily injuries which are the sole proximate cause of the disability, not merely a concurring cause, and the burden was on the plaintiff to establish

Lack v. Lack

584 S.W.2d 896 · Court of Appeals of Texas · Jul 6, 1979

Appellant Margaret Lack sued the Pension Fund and appellee Nora Lack to establish her community property interest in the death benefits. … Under the clear language of article 6243a section 10, if no survivor qualifies as a statutory beneficiary, then no benefits are payable, and if a survivor qualifies but subsequently marries, the benefits cease.

O'Donnell v. Halladay

152 S.W.2d 847 · Court of Appeals of Texas · May 1, 1941

Under what circumstances plaintiff O’Donnell obtained the pass book does not clearly appear. … Possession by the alleged donee of the savings bank book of itself did not establish a gift of the deposit to him or raise even a presumption thereof. 40 A.L.R. 1257 ; 84 A.L.R. 562 .

Advance Loan Service v. Mandik

306 S.W.2d 754 · Court of Appeals of Texas · Sep 27, 1957

The appellate court will set aside the verdict and findings of a jury only in cases where they are so against such a preponderance of the evidence as to be clearly wrong, or show clearly that the conclusion reached was the … But in the instant situation admissibility of interrogatory No. 41 and answer has validity in the further rule, well established, that: “Opinion testimony of a physician is not rendered incompetent by the fact that it is

Donaldson, Patricia

Court of Appeals of Texas · May 11, 2015

Under such a holding, the record is made to speak the truth: although silent on the finding of “True,” other data and information clearly establishes that such a finding was made by the trial court. … Under long established common law rules the State has no right to appeal an adverse criminal judgment.