Case law

Engle, Mark Eugene

Court of Appeals of Texas · Dec 2, 2015

officers conducting search exercised restraint in application; and «• (3) agents who had prepared and executed warrant were not entitled to qualified … immunity from liability.

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.

Kirlicks v. Texas Co.

201 S.W. 687 · Court of Appeals of Texas · Jan 23, 1918

Moreover, the provisions of succeeding article 2061, Vernon’s Sayles’ Revised Statutes, that the ruling of the trial court in giving, refusing or qualifying of instructions to the jury shall be regarded as approved, unless … instrument under which all the rights he now asserted accrued to him, and that it was at his instance that all of the defendants there were brought into the suit for the avowed purpose, as against those particular persons, of establishing

Cox v. WASTE MANAGEMENT OF TEXAS, INC.

300 S.W.3d 424 · Court of Appeals of Texas · Oct 29, 2009

Naturally he is free to resign if he wishes, but he should clearly understand the options available to him.” 6 On May 9, 2006, Hutchison sent another letter to Foster that reiterated Hutchison’s belief that Cox had been constructively … A constructive discharge may qualify as a tangible employment action. Aryain v. Wal-Mart Stores Tex. LP, 534 F.3d 473, 480 (5th Cir.2008); Dillard Dep’t Stores, Inc. v. Gonzales, 72 S.W.3d 398, 410 (Tex.App.

In the Interest of Unnamed Baby McLean

697 S.W.2d 479 · Court of Appeals of Texas · Sep 17, 1985

Morris stated that in his opinion based upon his examination of appellant and interviews with appellant’s wife and three sons, appellant is emotionally and mentally well-qualified to raise a son. … Clearly, the trial court has been given broad discretion in determining whether it would be in the best interest of the child to consent to legitimation.

Johnston v. Johnston

276 S.W. 776 · Court of Appeals of Texas · Oct 31, 1925

Guinn, being a bona fide citizen of the 'State of Texas and qualified to vote, and not being an attorney, party or any person interested in any way in this actidn, is hereby appointed receiver and trustee herein to sell said … In Underhill on Wills, supra, the rule is clearly announced as follows: “Where the distribution to or among children is to come after a prior life estate, a different rule is applicable than where it is immediate; for if

Holt v. State

176 S.W. 743 · Court of Appeals of Texas · Apr 9, 1915

When the subject-matter is once clearly ascertained, and its general intent, a key is found to all its intricacies; general words may be restrained to it, and those of narrower import may be expanded to embrace and effectuate … To be thus controlled, as has often been held, would be for the courts, in a blind effort to refrain from an interference with legislative authority by their failure to ttpply well-established rules of construction, to, in

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.

Boydstun v. Fort Worth Independent School Dist.

33 S.W.2d 811 · Court of Appeals of Texas · Sep 20, 1930

The city of Fort Worth has established a system of public schools which, under regulations that need not be mentioned, are controlled by a board of trustees selected by a vote of the people. … Moore is the superintendent of the public schools of the city, and the other defendants are the duly elected, qualified, and acting trustees.

Gillett v. Hudspeth

233 S.W. 850 · Court of Appeals of Texas · May 5, 1921

This statute works no change in the pleadings, but establishes a rule of evidence. Robb v. Railway, 82 Tex. 392 , 18 S.W. 707 ; Cross v. Everts, 28 Tex. 523 . … the Fannie Jackson interest I was required to take this fee in land at $4.50 per acre before the compromise agreement and partition" — and hence before the last assertion of Gillett that he would take no interest, thus clearly

State v. Duncan

72 S.W.3d 803 · Court of Appeals of Texas · May 2, 2002

As the court of criminal appeals has noted: It is one thing to draw reasonable inferences from information clearly set forth within the four corners of an affidavit. … collection at his home provided a basis to reasonably infer that contraband could probably be found in a suspect’s home. 17 The Taylor court concluded, however, that the sending of one image over the Internet would not qualify

Charter Medical-Dallas, Inc. v. Texas Health Facilities Commission

656 S.W.2d 928 · Court of Appeals of Texas · Jul 20, 1983

to establish. … Vinson, Ph.D., called by Green Oaks, was qualified as an expert in the fields of demographics and mental health needs assessment. (38) Dr.

Daniel v. Goesl

336 S.W.2d 890 · Court of Appeals of Texas · Jun 7, 1960

whether the Court of Civil Appeals was correct in its decision that the temporary injunction issued by the trial court against all picketing pending a trial of the case on its merits should he modified, we are guided by well-established … The record reflects that all of the litigant doctors are all well qualified medical men of high professional and moral standing in their home communities.

Ralls v. Parish

151 S.W. 1089 · Court of Appeals of Texas · Nov 16, 1912

Such intention could be established only by inference. … In the North Carolina case the court said; “When qualified voters living near the dividing line of two townships, which line was not definitely located, in good faith registered and voted in the township in which they did

Tex. & Pac. R'y Co. v. Pollard

2 Wilson 424 · Court of Appeals of Texas · Dec 3, 1884

[Field on Dam. § 167.] *430 But this rule is qualified as follows: “ The plaintiff cannot recover, notwithstanding the negligence on the part of the defendant, if he has so far contributed to the accident, by the want of … If it be conceded that plaintiff was guilty of want of ordinary care in not looking out for her station, though it was not „ announced, then, most clearly, in either aspect of the case, the defendant could have avoided the

McConnell v. Snook

250 S.W.2d 632 · Court of Appeals of Texas · May 8, 1952

Helen Ivy Snook, who qualified as independent executrix of the last will and testament of Evelyn Cable, deceased, and John M. Brown, and Mrs. Snook, joined pro forma by her husband, and John M. … Kelley, which his declarations tended to prove, was a legitimate subject of inquiry, and it was legitimate to establish that such feelings were of long standing. See Johnson v.

Teal v. Powell Lumber Co.

262 S.W.2d 223 · Court of Appeals of Texas · Oct 15, 1953

In these circumstances, and in' the absence of evidence clearly establishing that the corner which was situated 178 varas west of the river was in fact the Allen northeast corner, the trial court, in our opinion, would not … have been justified in so treating it, and in disregarding what was clearly an established and recognized corner situated within 13 varas of the river bank, even though the latter corner could not be identified by original

Calvert v. Humble Oil & Refining Company

404 S.W.2d 147 · Court of Appeals of Texas · May 11, 1966

It carries on business in forty nine states and is qualified to do business in all fifty. … The rule in this regard is that construction of a statute by the official charged with its administration should be sustained unless clearly erroneous. See Yoakum County v.

Petray v. Travelers Insurance Company

393 S.W.2d 711 · Court of Appeals of Texas · Jul 20, 1965

Later it was established that the employee was suffering from lead poisoning. … A qualified witness testified that such exposure caused pulmonary fibrosis, Mr. Pet-ray’s incapacitating illness.

Morgan v. State

906 S.W.2d 620 · Court of Appeals of Texas · Oct 19, 1995

"conclusive rule[s] ... immune from the vagaries that invariably accompany diverse factual encounters," law enforcement authorities are provided with distinct and definable boundaries beyond which they cannot legitimately … Distinctive odors, detected by those qualified to know them, may alone establish probable cause for a search. U.S. v. McKeever, 906 F.2d 129, 132 (5th Cir.1990), cert. denied sub nom. Newman v.