Case law

Hoffman v. Davis

70 S.W.2d 637 · Court of Appeals of Texas · Apr 5, 1934

certain highway located in Presidio County, Texas, running between the town of Presidio and the town of Marfa, Texas, which was known and designated as ‘State Highway No. 17’, belonging to the State of Texas, and had been established … A perusal of the district attorney’s letter to appellants clearly shows that he neither failed nor refused to bring the suit requested by appellants and their attorneys, but, on the contrary, he expresses himself as willing

Adams v. Morris

584 S.W.2d 712 · Court of Appeals of Texas · Jun 28, 1979

It is well settled that the allowance of trial amendments is within the sound discretion of the trial court, and unless it is clearly shown that such discretion has been abused, its order granting or refusing a trial amendment … All that is necessary is that the petition sufficiently allege facts establishing a cause of action from which the court can ascertain the proper measure of damages.

Straitway Transport, Inc. v. Mundorf

6 S.W.3d 734 · Court of Appeals of Texas · Nov 18, 1999

To require a party to qualify as an expert witness, and to be identified as such in discovery, in order to explain why his decision was not negligent, is to elevate form over .substance. … The verdict is set aside only if the evidence is so weak or the finding is so against the great weight and preponderance of the evidence that it is clearly wrong and unjust. Cain, 709 S.W.2d at 176 .

Crockett v. Crockett

589 S.W.2d 759 · Court of Appeals of Texas · Oct 3, 1979

Clearly, the first requirement of the test is met by Tex.Fam.Code Ann. § 11.051 (Vernon Supp.1978-1979). … The test established in International Shoe was qualified by Hanson v.

Caddell v. Lufkin Land & Lumber Co.

234 S.W. 138 · Court of Appeals of Texas · Jun 27, 1921

We do not wish, however, to be understood as intimating that, even if the law required such executors to qualify by taking an oath, the failure to comply with such provision would be fatal to his acts when called in question … The rule is thus clearly stated by Chief Justice Phillips in Avery v.

Collins v. Chipman

41 Tex. Civ. App. 563 · Court of Appeals of Texas · Feb 7, 1906

If established, it must have been induced by the representations of defendants and their agents. That it was so induced, was an essential fact to be established in order for the plaintiff to recover. … Collins Manufacturing Company was on January 4, 1902, over appellee’s objection that the witness should first have qualified himself by stating that he knew what the reasonable value was.

Linger v. Balfour

149 S.W. 795 · Court of Appeals of Texas · Mar 30, 1912

Proof that he had filed on a claim in New Mexico October 1, 1909, does not establish or tend to establish, under the state of this record, the faet that such filing had destroyed his citizenship in Texas. … We are of the opinion that the evidence clearly shows that this voter was permanently separated from his wife for more than one year preceding the election; that his vote was legal and properly counted for contestee. [19]

Zarate v. Villareal

155 S.W. 328 · Court of Appeals of Texas · Jan 15, 1913

It was not necessary to qualify the admission of this deed by stating what interest the grantor had in the land in controversy, because the plaintiffs cannot recover from cotenants the interests of other tenants in common … Defendants have each established title by the finding of the jury and their deeds to portions of the tract.

Gulf Oil Corp. v. Southland Royalty Co.

478 S.W.2d 583 · Court of Appeals of Texas · Mar 15, 1972

Regulatory orders have been established as legal and desirable for conservation of natural resources. We can confidently assume that they will continue. … Baumel is eminently qualified in his field, having been associated with the Railroad Commission of Texas from 1939 to 1954 and thereafter engaged in private practice as a petroleum consultant.

Eban Stillwell v. State

466 S.W.3d 908 · Court of Appeals of Texas · May 28, 2015

[DEFENSE]: I would like the record to reflect that [the prosecutor] is having to talk much slower than normal and enunciate very, very clearly while he’s asking this question to Mr. Sanchez. … The record in this case is sufficient to establish Sanchez’s inability to understand English.

Security Banking & Investment Co. v. Flanagan

241 S.W. 702 · Court of Appeals of Texas · Apr 21, 1922

It is well established that concessions made as offers to compromise and settle disputed claims cannot be introduced in evidence for the purpose of showing as admission of liability on the part of the debtor. … Neither in his pleadings nor in his testimony did the appellee resort to custom in order to require the appellants to do more than was clearly embraced within the terms of the writing.

Amoco Production Co. v. Alexander

594 S.W.2d 467 · Court of Appeals of Texas · Nov 15, 1979

By Amoco’s newsletter referring to its improvement over 1971 allowa-bles, its policy is clearly revealed. … Assume the existence of a tract of five acres which, by the jurisprudence developed under this rule, would qualify for a wellsite under the confiscation exception to the rule.

Brown v. Brown

190 S.W.2d 730 · Court of Appeals of Texas · Jun 22, 1945

Clearly, if defendant was guilty of alleged adultery, of which the evidence raises a doubt, the plaintiff condoned the offense. Lizzie Brown, mother of plaintiff, testified: , “Q. … Hazel Brown, the defendant, waiving immunity under Art. 4633, R.S., on call as a witness by plaintiff, gave evidence (on cross-examination) : “Q.

San Saba County Water Control & Improvement Dist. No. 1 v. Sutton

8 S.W.2d 319 · Court of Appeals of Texas · Mar 28, 1928

are required before incurring any indebtedness other than for operation and holding the election, and in any event within 30 days of their first meeting, to call an election for confirmation of the district, at which only qualified … made, ought, for good reason, to be excluded. * * * " Section 76, which was evidently designed to provide a method for final establishment of the boundaries of the district and the elimination of lands therefrom which could

Hovey v. Sanders

174 S.W. 1025 · Court of Appeals of Texas · Feb 13, 1915

established. … We doubt if this rule has ever been established in this state.

State Ex Rel. Holmes v. Lanford

837 S.W.2d 705 · Court of Appeals of Texas · Aug 10, 1992

Respondent Lanford’s testimony at the hearing established that he did not qualify as a “retired judge” under the Judicial Retirement System of Texas Plan One and Plan Two. Tex.Gov’t Code Ann. … Clearly, a civil litigant has the right to object to an assigned judge.

Roberts v. Nunn

169 S.W. 1086 · Court of Appeals of Texas · Jun 27, 1914

Having so acquiesced and participated, we think he thereby became a party to the agreement, which clearly brings him under the rule announced by Judge Phillips in the case of Freeman v. … Neither may one secure the benefits of a relation of a partner and by contract secure immunity from the liabilities as against creditors; but, when the contract is susceptible of the construction put upon it by the parties

Guillory, Patrick Sharard

Court of Appeals of Texas · Jun 19, 2015

In order for the murder to qualify as capital murder... the intent to [commit the offense] must be formed prior to or concurrent with the murder." Robertson v. State,871 S. … Petitioner clearly did not intend to kill or intend to rob nor is there evidence to show that he did. kill or rob anyone.

McBroome-Bennett Plumbing, Inc. v. Villa France, Inc.

515 S.W.2d 32 · Court of Appeals of Texas · Sep 19, 1974

Clearly, Villa France is not liable for the subcontractor's negligence to Villa France, and just as clearly such negligence is not property owned by Villa France. … This would seem to clearly demonstrate a different intent than is demonstrated in the case at bar.

Rebecca Victoria Humaran v. State

478 S.W.3d 887 · Court of Appeals of Texas · Oct 15, 2015

Circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor, and circumstantial evidence alone can be sufficient to establish guilt. See Hooper v. State, 214 S.W.3d 9, 13 (Tex. Crim. … Appellant contends that she qualifies under this definition because there was evidence that Clint “had assaulted and possibly raped” her.