Case law

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.

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

Brown & Root, Inc. v. Gragg

444 S.W.2d 656 · Court of Appeals of Texas · Jul 11, 1969

Second, he was not shown to have any familiarity with methyl parathion or its chemical characteristics and thus was not shown to be qualified to give his opinion as to whether the valve caused the explosion. … The plaintiff is not required to establish causation in terms of certainty.

Brenton & McKay v. Peck

39 Tex. Civ. App. 224 · Court of Appeals of Texas · Apr 28, 1905

Neither of the grounds upon which the prayer is predicated is established. … We used the qualifying phrase "in the main," because our comment is not applicable to the entire document.

HOW Insurance Co. v. Patriot Financial Services of Texas, Inc.

786 S.W.2d 533 · Court of Appeals of Texas · Mar 21, 1990

A plaintiff establishes his standing as a consumer in terms of his relationship to a transaction, not by a contractual relationship with the defendant. … This clearly is some evidence of reliance.

Nelson v. Vernco Constr., Inc.

566 S.W.3d 716 · Court of Appeals of Texas · May 31, 2018

Here, the "Contractor" is clearly Hood as the prime contractor in the agreement with TxDOT. FAMs are to be paid to Hood. … Nelson asserts that he is essentially immune from liability for tortious interference with the Vernco Subcontract because he was privileged in two different ways.

Wright v. Allen

257 S.W. 980 · Court of Appeals of Texas · Dec 8, 1923

In addition to the record facts established as above set forth, the following material facts were established by oral testimony: Appellants each own land in the vicinity of the road as the same now exists, which would be … The objection as made was really not sufficient to justify the court to exclude said evidence, as the grounds of the objection should have been clearly indicated showing- that it was not admissible for any purpose in the

Allbee v. Day

616 S.W.2d 270 · Court of Appeals of Texas · Mar 4, 1981

We have no quarrel with plaintiff’s argument that an action for medical malpractice in treatment of a compensable injury qualifies as a third-party claim under section 6a. McKelvy v. … Under such circumstances the employee’s rights against the third party were clearly in existence prior to the effective date of the 1973 amendment and are within the protection of the saving clause.

Valerus Compression Services v. Gregg County Appraisal District

457 S.W.3d 520 · Court of Appeals of Texas · Jan 7, 2015

To determine whether two statutes share a common purpose, justifying their construction in pari materia, courts consider whether the two statutes were clearly written to achieve the same objective. Tex. … Valerus argues that the equipment qualifies as both “self-powered” and “pull-type” equipment.

Earthman's, Inc. v. Earthman

526 S.W.2d 192 · Court of Appeals of Texas · Jul 10, 1975

“A fact may be established by direct evidence or by circumstantial evidence or both. … A fact is established by circumstantial evidence when it may be fairly and reasonably inferred from other facts proven.”

State Ex Rel. Morray v. Masterson

228 S.W. 623 · Court of Appeals of Texas · Mar 3, 1921

It is clear from the evidence in that case, as recited in the appellate court’s opinion, that this 65-acre tract of land was, clearly adapted to and suitable for town purposes,- and the evidence clearly justified the finding … The Legislature granted that power to the promoters, and to that extent the ordinary understanding of or definition of a town is qualified.

Johnson v. Buck

540 S.W.2d 393 · Court of Appeals of Texas · Jun 30, 1976

It is established by the evidence that Buck trusted Johnson and relied to a considerable degree on Johnson in all matters relating to their business. … We conclude that Finley and Kleas were eminently qualified as expert witnesses with respect to the fair market value of Memorial City properties.

Farmers' State Bank & Trust Co. of Gorman v. Central State Bank of Dallas

281 S.W. 632 · Court of Appeals of Texas · Jan 23, 1926

Chapman was the qualified and acting commissioner of insurance and banking of the state of Texas; Levi P. Anderson and R. … We think this objection goes more to the weight of the evidence, for if it was sent and received by Morrel as vice president of the hank, it clearly would not be hearsay.

State v. Cook United, Inc.

463 S.W.2d 509 · Court of Appeals of Texas · Jan 22, 1971

The law that controls this Court in a determination of this appeal from an order granting a temporary injunction is clearly stated in the Texas Supreme Court opinion in the case of Texas Foundries v. … It is apparent from what has been said that we conclude that the questioned order in no way violates the established rule that a civil court cannot enjoin the enforcement of a criminal statute.

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.

Hare v. Pendleton

214 S.W. 948 · Court of Appeals of Texas · May 1, 1919

This suit followed in an effort to establish the claim against the estate in Texas. … Our statutory provisions for the payment of the expenses of administrations clearly apply to those conducted in this state and under the direction of our courts.

Morgan, Dewan

Court of Appeals of Texas · Jul 1, 2015

The Penal Code clearly indicates that a defendant who has some, but less, right to control a building than the alleged owner may be prosecuted for burglary. Id. … Accordingly, even if Appellee qualified as a tenant at sufferance, Appellee had no possessory interest equal to Regina's, Therefore, even under common law, Appellee would not have qualified as aî "owner

Ricketts v. Alliance Life Ins. Co.

135 S.W.2d 725 · Court of Appeals of Texas · Oct 30, 1939

Ashbrook, the surviving husband, qualifying as executor under the will. … , standing by themselves alone, may establish a valid bequest or devise, this is not the rule when such expressions are used after the testator has made an absolute disposition of his property.

Lewis v. Pitts

275 S.W. 473 · Court of Appeals of Texas · May 21, 1925

Notwithstanding a considerable period of time has elapsed since she has actually resided upon said farm, we think the issue of abandonment was, under the evidence, clearly a question of fact for the jury. Foreman v. … The court qualified appellants’ bill of exception by reciting facts tending to show that the motion was without substantial merit. We cannot say that the court abused his discretion in overruling said motion.

Magids v. American Title Insurance Co.

459 S.W.2d 238 · Court of Appeals of Texas · Jul 16, 1970

Charles Magids offered the will of Fannie Magids for probate and qualified as independent executor of her estate. Charles Magids has executed a new will revoking his previous will. … While it is apparent that he was not hostile to his father, his legal interest was clearly adverse on the issue as to which he was called to testify by his father.