Case law

Edwards v. Roberts

222 S.W. 278 · Court of Appeals of Texas · May 5, 1920

The words “buy out” are qualified, both by the clauses preceding and following them, which'are entitled to consideration in arriving at the meaning of the parties, as expressed in the contract. … They do not appear to have combined their capital, skill, and acts to prevent the establishment of another bank.

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

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 .

Rancher, Danny Ray

Court of Appeals of Texas · Jul 14, 2015

The THIRD feature is that Art. 38.07 establishes a sufficiency of the evidence rule Respecting the Minimum Quantum of evidence necessary to sustain a con viction. … And,thus clearly not admissible under the "Retroactive application of the['Statute altering •%t ••••••: • • • - '• ' " .

Enrique Sanchez Salazar v. State

474 S.W.3d 832 · Court of Appeals of Texas · Sep 1, 2015

The code provides, in relevant part, 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.” … In this case, the nature of the underlying offense itself clearly establishes that Salazar’s prior conviction was a state jail felony under section 12.35(c) of the penal code: it was an aggravated offense, i.e., aggravated

Smith v. Holloway

115 S.W.2d 427 · Court of Appeals of Texas · Mar 9, 1938

Albert Koennecke was duly elected as a director of the company for the ensuing year, or until his successor is duly elected and qualified; “Mr. … transferred stock certificates were duly attached to the stubs of the stock book of the corporation, in accordance with the indorsements thereon and the minutes quoted; and the aforementioned contract of sale and pledge clearly

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.

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

284 S.W. 664 · Court of Appeals of Texas · Apr 10, 1926

That ease was resolved against Black on the doctrine of knowledge of the danger of that which he undertook to do, and, in applying that rule of decision to the facts, which clearly established that he knew it was dangerous … He did not call to his aid medical testimony, but was content to rest his case, in so far as establishing the scientific question involved, upon the evidence introduced establishing the above facts, which facts failed to

Kemp v. State

11 Tex. Ct. App. 174 · Court of Appeals of Texas · Jul 1, 1881

That he is not a qualified grand juror. 2. That he is the prosecutor upon an accusation against the person making the challenge. 3. … The line which separates the two degrees of murder was clearly defined, and in fact the general principles and definitions, and their application to the facts in the case, are alike free from objection, so far as we have

Edwards Aquifer Authority v. Bragg

421 S.W.3d 118 · Court of Appeals of Texas · Nov 13, 2013

“First a party’s later position must be clearly inconsistent with its earlier position.” Id. … But the government cannot immunize itself from its constitutional duty to provide adequate compensation for property taken through a regulatory scheme merely by discouraging investment.

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

Broussard v. Le Blanc

182 S.W. 78 · Court of Appeals of Texas · Dec 16, 1915

That it was delivered to Le Blanc, trustee, when he was appointed and qualified as such, and that he took possession of it as their property. … Upon hearing in the Circuit Court of Appeals, judgment of the trial court was affirmed, and the liability of the trustee for the value of the rice finally established. “(10) Upon the return of the mandate, the trustee not

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.

City of Austin v. Flink

443 S.W.2d 397 · Court of Appeals of Texas · May 28, 1969

If the Davis sale was an open market transaction then its sale price per acre tends to establish a market value. … Legge was fully qualified to express an opinion on the value of this property and that he used numerous sales as a basis for such opinion.

Hydrocarbon Research, Inc. v. Calvert

429 S.W.2d 539 · Court of Appeals of Texas · May 15, 1968

The Act provided a means for establishing the rights created thereunder. … Clearly, this could not be done and no such attempt is made here. The case of Mudd v.

Schauer v. Von Schauer

138 S.W. 145 · Court of Appeals of Texas · Apr 26, 1911

During the progress of the litigation Charles Schauer died, leaving a will, appointing his wife, Ella, independent executrix of his estate, and she qualified as such, and in such capacity was made party defendant to the suit … proved, including the delivery, and it ought not to be laid down as a rule of law to govern the jury that such declarations in themselves are insufficient to prove the gift.” [11] In the present case the testimony shows clearly

Southern Underwriters v. Boswell

141 S.W.2d 442 · Court of Appeals of Texas · May 3, 1940

It was intended by that statutory provision that an objection must clearly present the objectionable part of the charge in such way as will enable the court to correct it. Southwestern Bell Telephone Co. v. … It occurs to us that the witnesses were qualified to express their •opinion in the matter; as a circumstance for consideration by the jury.

Hester v. Hester

205 S.W.2d 115 · Court of Appeals of Texas · Sep 26, 1947

That on January 6, 1947, it was notified that the' ad-ministratrix had qualified as such of the estate of the insured; that both plaintiff and the administratrix had made proof of death and each were claiming the proceeds … Referable to gift, the court said: “To constitute a valid gift inter vivos the purpose of the donor to make the gift must be clearly and satisfactorily established and the gift must be complete by actual, constructive, or

Alan Acceptance Corp. v. East Texas National Bank of Palestine

109 S.W.3d 511 · Court of Appeals of Texas · Aug 13, 1998

The Bank argues that Wayne McKenzie, who was qualified and tendered as an expert witness, testified at trial as to the fair market value of the dental equipment. … The Bank asserts that the value was conclusively established, and that the trial court’s award constitutes reversible error on legal sufficiency grounds. We disagree.

Cardinal v. Cardinal

131 S.W.2d 1005 · Court of Appeals of Texas · Jul 3, 1939

Certainly evidence which goes no further than to prove he is forgetful and unable to remember his acts after they have been performed is not sufficient of itself to establish the fact that he was incapable of knowing the … For this reason we cannot sustain this contention of appellant, although the testimotíy itself was clearly not admissible over a 'proper objection.