Case law

McGregor v. Gordon

442 S.W.2d 751 · Court of Appeals of Texas · May 15, 1969

Roy McGregor, the appellant, brought this lawsuit to establish a constructive trust in his favor in about three sections of land located in Comal County which he claimed Aron S. … Appellee further contends that “The segregated items are clearly part of defendant’s ‘work product’ and immune from direct discovery * * * To permit their indirect discovery in the manner sought by opposing counsel would

Hotze v. Miller

361 S.W.3d 707 · Court of Appeals of Texas · Jan 11, 2012

Islamic Soc’y of Arlington, 291 S.W.3d 130, 142 (Tex.App.Fort Worth 2009, pet. denied) (holding that an internet communicator may qualify as a member of the media under certain circumstances). … This statement clearly refers to his role in determining the fate of a physician about whom a complaint has been filed with the TMB.

Le Compte v. Sanders

378 S.W.2d 861 · Court of Appeals of Texas · Apr 30, 1964

The testimony up to this point clearly shows that Sanders did not know whether or not he applied his brakes. … In the latter case the court said: “I believe this witness would be better qualified to answer the question than anybody else, I know of, * * It is clear that such remark by the court was a comment on the weight of the testimony

Montgomery v. Gallas

225 S.W. 557 · Court of Appeals of Texas · Jun 1, 1920

was had in the district court for the Fifty-Seventh judicial district, to which court said cause had been transferred, and on the issues so joined a verdict of the jury was obtained, and on said verdict judgment entered establishing … The special charge would have required the jury to do this, and it was clearly erroneous. The judgment is reversed and the cause remanded. On Motion for Rehearing.

Sills v. State

846 S.W.2d 392 · Court of Appeals of Texas · Mar 3, 1993

The second paragraph alleged appellant intended to cause serious bodily injury to Hays and caused his death by intentionally or knowingly shooting him with a firearm, an act clearly dangerous to human life. … She invoked her fifth amendment rights and the State offered her testimonial immunity. Id. at 677 . The court held a hearing outside the presence of the jury.

Galveston, Harrisburg & San Antonio Railway Co. v. Hughes

22 Tex. Civ. App. 134 · Court of Appeals of Texas · Nov 1, 1899

The first and second assignments of error complain of the admission of testimony of Michael Marmon and Con Fox, in regard to the rela *135 tive safety of blocked and unblocked switches, on the ground that they did not qualify … The evidence was sufficient to establish negligence on the part of appellant, and that deceased was not guilty of contributory negligence. The verdict is not excessive.

EF Hutton & Company, Inc. v. Fox

518 S.W.2d 849 · Court of Appeals of Texas · Nov 27, 1974

No such value was alleged by plaintiffs, found by the court, or established as a matter of law. … This substantial drop in the price on June 2 was explained by the testimony of Ted Bernstein, manager of defendant's Dallas office, who was qualified by training and experience to testify concerning operations on the exchange

Young v. Gardner

507 S.W.2d 250 · Court of Appeals of Texas · Jan 17, 1974

This fence extended to a point approximately even with the outer edge of the carport, which the testimony establishes as being fifteen feet from the property line. … equity could successfully complain of a neighbor’s fence in the addition involved, he would have to show something more than a trivial annoyance, but rather such a fence as here, which, from the photographs in evidence, clearly

Ellison v. Texas Liquor Control Board

154 S.W.2d 322 · Court of Appeals of Texas · Jul 31, 1941

The owner of a pharmacy properly qualified as a ’ pharmacy * * ” Section 2 of H.B.373 reads, in part, as follows: “Sec. 2. … It is difficult to think of language that would more clearly convey the meaning which is expressed by the words employed in said caption.

Redd v. Texas Employment Commission

431 S.W.2d 16 · Court of Appeals of Texas · May 31, 1968

The Supreme Court said the case was one of statutory construction, the question being, were applicants qualified for unemployment benefits, or were they disqualified because of said agreements in the union contract. … I therefore conclude that Claimant has not established that she is in the active labor market and available for work.

Texas Indemnity Ins. Co. v. Holloway

30 S.W.2d 921 · Court of Appeals of Texas · May 17, 1930

And that right is not qualified by any provision to the effect that the incapacity to labor must be the proximate result of the injury, provided there is a causal connection between such injury and such incapacity. … of the petition clearly and to the satisfaction of the jury; even though such is the rule in a court of equity.

Spring v. Meco Production Co.

134 S.W.2d 828 · Court of Appeals of Texas · Nov 9, 1939

This general statement should be qualified and limited by stating that defendant likewise relied on the title of Mealy Johnson alleged to exist prior to the patent to her. … State, supra, as follows: "The discovery alluded to in the 1931 act we think clearly means the discovery by `any person' to the land commissioner, by means of an application to lease under the 1931 act. * * * The underlying

Lewis v. Center Savings Ass'n

439 S.W.2d 122 · Court of Appeals of Texas · Mar 19, 1969

Willier was qualified as a Traffic and Business Consultant. Mr. … It must be admitted on the other hand, that the establishment of some branch offices will he in the public interest.

Bell v. Bell

237 S.W.2d 688 · Court of Appeals of Texas · Jan 8, 1951

“Juries, in such cases, are disposed'to think they are better qualified than the testator to make a proper disposition of the estate and make ■ findings accordingly. … “The entire evidence in this case has been examined carefully and the conclusion reached that the adverse- finding upon the issue of testamentary capacity is so contrary to the great weight of -the evidence as -to be clearly

Crocker v. Synpol, Inc.

732 S.W.2d 429 · Court of Appeals of Texas · Jun 18, 1987

It is undisputed, under this record, that the Appellant did not exhaust the grievance procedures established in the collective bargaining agreement prior to bringing this state court action. … We deem that Article XI, “Grievance & Arbitration Procedure”, is set out clearly in the collective bargaining contract.

Allied Bank Marble Falls v. State Banking Board

739 S.W.2d 73 · Court of Appeals of Texas · Sep 23, 1987

The burden to establish said conditions shall be upon the applicants. # # # # # * D.... … In requiring a “concise and explicit statement” of the underlying facts, APTRA § 16(b) either means what the words "concise” and "explicit” clearly imply, or it means nothing at all — it is a shadow, a hoax, an empty slogan

Great West Mill & Elevator Co. v. Hess

281 S.W. 234 · Court of Appeals of Texas · Jan 20, 1926

The questions as propounded were clearly leading, but, in view of the record, would not necessitate a reversal. Dunlap Hardware Co. v. E. F. Elmburg Co. (Tex. Civ. App.) 252 S. W. 1098 . … “Again, the absence of actual effect cannot be established (conclusively, at least) by the most emphatic denials made by'.jurors when they are called to account. Hines v. Parry (Tex. Com. App.) 238 S.

General Motors Corp. v. Iracheta

90 S.W.3d 725 · Court of Appeals of Texas · May 31, 2002

In fact, Sanchez admitted he is not qualified to render an engineering opinion. … To establish liability for a design defect, a plaintiff must prove that the defect was a producing cause of his injury. Tex. Civ. Prac. & Rem.Code Ann. § 82.005(a)(2) (Vernon 1997).

General Accident Fire & Life Assurance Corp. v. Callaway

429 S.W.2d 548 · Court of Appeals of Texas · May 2, 1968

This clearly is an advantage which can be estimated in money. … The trial court did not abuse his discretion by limiting the voir dire examination of appellee by which appellant hoped to show that appellee was not qualified to testify as to the identity of his employer.

Board of Trustees of Crystal City Independent School District v. Briggs

486 S.W.2d 829 · Court of Appeals of Texas · Nov 22, 1972

money, if any, Briggs was entitled to because of the District’s breach of his contract. 2 At the time District filed its suit, Briggs was an “opposing party” and all other requirements for application of Rule 97(a) were clearly … The holding in Standley was qualified in National Surety Corp. v. Friendswood Ind. School Dist., 433 S.W.2d 690 (Tex.1968).