Case law

Live Oak County v. Lower Nueces River Water Supply District

446 S.W.2d 14 · Court of Appeals of Texas · Sep 25, 1969

The objection was clearly stated, was overruled, and the County given “a running objection.” … The distinction between the two types of action is clearly set out in Crawford v. McDonald, 88 Tex. 626 , 33 S.W. 325 , 327 (1895).

Marvelli v. Alston

100 S.W.3d 460 · Court of Appeals of Texas · Apr 10, 2003

Mar-velli were clearly not matters of common knowledge or within the experience of laymen. … Jaffe’s testimony of causation is clearly and definitively built upon a series of probabilities and is legally sufficient to establish the cause-in-fact element of proximate cause.

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).

Nowell v. Nowell

408 S.W.2d 550 · Court of Appeals of Texas · Oct 28, 1966

Evans, 186 S.W.2d 277 but a *555 close examination of that case clearly illuminates the distinguishing features which render the decision inapplicable here. … Appellant testified, and such testimony was corroborated by other witnesses, that when he came to Texas he intended to make Texas his permanent residence; that he actually moved his property here, opened a bank account here; qualified

Benton v. Kutykendall

160 S.W. 438 · Court of Appeals of Texas · Mar 15, 1913

Beasley, merely relate to and dispense with the necessity of taking formal bills of exception to the ruling of the court in giving and refusing or qualifying of instructions, and to rulings and actions of the court which … W. 808 , seems clearly applicable.

Williams v. Bartlett

254 S.W.2d 559 · Court of Appeals of Texas · Dec 11, 1952

Appellees, in their motion for an instructed verdict, asserted that the alleged parol trust declared upon by appellants should be denied because its establishment and enforcement would be inconsistent with and contrary to … Our view here is that the provisions of the will clearly state that the testator did not intend to impose an obligation upon his wife to carry his request for distribution into effect.

American Liberty Pipe Line Co. v. Agey

167 S.W.2d 580 · Court of Appeals of Texas · Dec 16, 1942

IV, Sec. 22, reads: “The Attorney General shall hold his office for two years and until his successor is duly qualified. … Thus clearly in effect holding that it would have been invalid if given the construction contended for by respondent.

Huey & Philp v. Fish

15 Tex. Civ. App. 455 · Court of Appeals of Texas · Feb 6, 1897

Garrison, who was then of sound mind, present in the city of Dallas, and every way qualified and capable of transacting business. … There was evidence tending to establish the truth of these contentions.

United States Fidelity & Guaranty Co. v. Rochester

281 S.W. 306 · Court of Appeals of Texas · Jan 9, 1926

Counsel for appellant then and there in open court objected to any testimony from this witness as an expert because he was not properly qualified. … He is charged by conscience and law with the fundamental duty of seeing that truth is established and justice done.

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

273 S.W. 661 · Court of Appeals of Texas · Apr 15, 1925

We think the language, “payment shall be made therefor only on, the basis of actual cash value at the time and place of shipment,” clearly relates to and is qualified by the value of $3 per head “which is understood not to … exceed the value as held by the shipper,” at that time and at the point of shipment, and was solely for the purpose of limiting the recovery of loss or damage to that amount, such damages to be established under the law

Gonzalez v. State

664 S.W.2d 797 · Court of Appeals of Texas · Jan 19, 1984

It is firmly established that captions and other identifying information such as these are not part of the indictment. Stansbury v. State, 128 Tex.Cr.R. 570 , 82 S.W.2d 962 (1935); Thibodeaux v. … This fact is clearly evidenced by the comments made in formal sentencing by counsel for both parties as well as by the trial court.

Struble v. Struble

177 S.W.2d 279 · Court of Appeals of Texas · Dec 23, 1943

, and does not establish, that fact, as is hereinafter more fully shown.” … He was not under such engagement of marriage before December 1, 1942, at the earliest and the record clearly shows that many of his expressions to the effect that appellant had adopted Texas as his home state, coupled with

Texas Electric Service Company v. Linebery

327 S.W.2d 657 · Court of Appeals of Texas · Jul 23, 1959

Further, that the sales were of tracts containing one and two acres, and were not comparable sales for the purpose of establishing the value of the *665 remainder of the land. … We are of the opinion that such evidence was clearly admissible for the purpose of establishing a market value for the land actually taken.

Caruthers v. Board of Adjustment of City of Bunker Hill Village

290 S.W.2d 340 · Court of Appeals of Texas · Apr 19, 1956

Addressing itself to the contention that the facts showed an existing use, the court said [ 372 Pa. 318 , 93 A.2d 450 ] : “There is no merit in defendants’ argument that their property qualifies as a nonconforming use under … hold that the facts established only preliminary matters preparatory to the use of the disputed area for residences since appellants’ showing established as a matter of law a separate and distinct use of the area “for selling

Leahy v. Timon

204 S.W. 1029 · Court of Appeals of Texas · Jun 5, 1918

It is of course well established that fraud and undue influence may be proved by circumstantial evidence, and appellants take the propositions above stated as deduced by them, and contend that the undisputed facts raise a … There are expressions in the opinion in such cases, made in discussing the evidence, to the effect that the circumstance that a beneficiary wrote the will is a suspicious one, and it ought to be made to appear clearly and

Taylor v. Jackson

180 S.W. 1142 · Court of Appeals of Texas · Nov 27, 1915

The objection to this testimony was that the witness had not qualified, in that he had not stated that he knew of such custom in that particular section of the country. … In appellee’s brief no contention is made that the testimony relative to the custom of-the country Was not admissible, but it is insisted that proof of individual transactions with other tenants was clearly so, and that,

Harris v. Thornton's Department Store

94 S.W.2d 849 · Court of Appeals of Texas · Apr 3, 1936

Undoubtedly, that was an issue which plaintiff had the burden of establishing. … Such issues are clearly recognizable as the same kind of issues which, as stated in the previously quoted proposition, the party not having the burden of establishing is under no duty to request the submission thereof, and

Tippett v. Gates

223 S.W. 702 · Court of Appeals of Texas · Jun 19, 1920

The law provides for elections to be held in conformity with the methods and regulations prescribed by the terms, and if the result of any such election, at which only qualified voters who are property taxpayers can vote, … establishing the contrary.

Texas Alcoholic Beverage Commission v. Live Oak Brewing Co.

537 S.W.3d 647 · Court of Appeals of Texas · Dec 15, 2017

I, § 19 (“No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by due course of the law of the land.”). … (acknowledging that “liberty of contract is generally said to be part of that ‘liberty’ which is. protected by due process clauses” but that “freedom of contract is a qualified, not an absolute, right” and that exercise of

Missouri Pacific Railroad v. Schreck

774 S.W.2d 687 · Court of Appeals of Texas · May 23, 1989

The medical evidence establishes that Schreck is unable to work as a switchman. All parties concede that if Schreck is fired he loses the protected pay. … Schreck was qualified both as a switch-man and as a yardmaster.