Case law

Smith, William A/K/A Bill Smith

Court of Appeals of Texas · Feb 17, 2015

as it could have been, this paragraph clearly puts prospective drivers on notice of the implied consent law. … analysis and hold that it amounts instead to a seizure - in the nature of an extension or collateral part of the arrest of the person - and that, as such, there is no warrant requirement if probable cause has already been established

Ex Parte Tharp

912 S.W.2d 887 · Court of Appeals of Texas · Feb 28, 1996

Clearly, the State is correct in its contention that a temporary driver’s license revocation cannot be easily equated with the forfeiture of a person’s land and money. … This is acknowledged in Kurth Ranch where the Court does not use the definition for punishment established in Halper and Austin.

Alamo Express, Inc. v. Union City Transfer

298 S.W.2d 914 · Court of Appeals of Texas · Dec 12, 1956

the named commodities by specialized motor carriers because they never move with physical characteristics requiring special equipment for loading, unloading and transportation and others only occasionally move with such qualifying … Therefore it is established that existing services were inadequate. Public necessity and public convenience will be later noticed.

Dallas Consolidated Electric Street Railway Co. v. Motwiller

51 Tex. Civ. App. 432 · Court of Appeals of Texas · Jun 20, 1908

The foregoing evidence, we think, clearly shows that appellee’s ability to earn money was impaired, which is a proper element of damages. … The allegation of impaired capacity is to “earn money at her ordinary occupation, or any other for which she is qualified, during the balance of her future life.”

Robbins, Neal Hampton

Court of Appeals of Texas · Jun 2, 2015

As Justice Scalia has stated, “[f]orensic established the basis of the state’s evidence is not uniquely immune from the risk of case with respect to the cause and … Yet its accuracy is clearly open to dispute.

Owen v. Younger

242 S.W.2d 895 · Court of Appeals of Texas · Oct 8, 1951

Owen, surviving husband .of the deceased, and he was duly appointed administrator of such estate as a result of a hearing had by the court on December 27, 1950, after which he duly qualified as such. … It clearly appears that the rules of common law do not prevail in Texas in such probate matters as were contended by contestant.

City of Brownsville v. Crixell

275 S.W. 430 · Court of Appeals of Texas · Jun 16, 1925

On that very question this court has heretofore written very clearly. … The charge requested would ha’ve limited the negligence to a specific post not mentioned in the petition, and was clearly erroneous.

Brewer v. Gray

103 S.W.2d 1003 · Court of Appeals of Texas · Mar 13, 1937

The evidence clearly established these allegations, provided the necessary resolution and ordinances, to fix the personal indebtedness and lien, are valid. … As the city council had not, by resolution of such governing body or by vote of the qualified voters of such city, adopted the 1927 Paving Act, the court of Civil Appeals at Amarillo, in the case of Reagan v.

Humphrey v. Beaumont Irrigating Co.

41 Tex. Civ. App. 308 · Court of Appeals of Texas · Jan 8, 1906

Friend, the duly appointed and qualified administrator of the estate of John York, deceased, filed in the District Court of Jefferson County a petition in trespass to try title against Samuel Fowler, John Linton, S. G. … be stated here that this is not a case either of collateral or direct attack on the judgment in cause Ho. 328, as those terms arc used *316 in discussing the effect of presumptions of appearance or service of process in establishing

Signs v. Bankers Life & Casualty Company

340 S.W.2d 67 · Court of Appeals of Texas · Oct 7, 1960

Nothing herein contained gives or shall be construed to give to the Agent any vested or earned interest or any claim in any such bonus, and it is clearly understood that the same may or may not be paid solely at the option … The meeting will still be in Dallas at the Adolphus Hotel and, as mentioned, we will let you know as soon as a definite date is established.

Richardson v. State

199 S.W.2d 239 · Court of Appeals of Texas · Dec 13, 1946

These cases are clearly controlled by subdv. (j), Sec. 6, 5421c, V.A.S., wherein the State is required by law to intervene through its Attorney General. … This election proceeded under Art. 1261, wherein all resident poll taxpayers were deemed “qualified voters” and *245 entitled to participate.

Crow v. Van Ness

232 S.W. 539 · Court of Appeals of Texas · May 25, 1921

This general statement is qualified by some authorities (see Windsor v. McVeigh, 93 U. S. 278 , 23 L. … The jurisdiction invoked by the pleadings in this case was to determine whether the minor had any title to the property, and the court had jurisdiction of such matter. ■[3] It clearly follows, we think, that the judgment

In re R.D.B.

20 S.W.3d 255 · Court of Appeals of Texas · May 18, 2000

Further, R.D.B.’s burden required him to establish his claims by a preponderance of the evidence. Jackson v. State, 973 S.W.2d 954, 956 (Tex.Crim.App.1998). In Ake v. … While Cucolo may have been a competent and qualified expert witness, his credentials do not appear in the record of this case.

State v. Willys-Overland, Inc.

211 S.W. 609 · Court of Appeals of Texas · Apr 16, 1919

While the contract described in paragraph 4 doubtless expired on January 1, 1916, the evidence clearly shows that at the time the suit was filed there was in existence a similar contract between defendant and the Overland … The words, "as herein provided," qualify the words, "and elsewhere," and do not relate back to the word, "sell," This becomes evident when the several contracts are examined, and especially the two designated "Exhibits D-

Parr v. First State Bank of San Diego

507 S.W.2d 579 · Court of Appeals of Texas · Feb 27, 1974

Such rule has no application here in that Bank filed an independent suit which was clearly, deliberately and repeatedly kept apart from the divorce proceedings by objections from appellees’ attorneys and by rulings of the … The Bank not only had full confidence in his management, but he would certainly be better qualified to preserve and manage these cattle than the appointed receiver, a practicing attorney in a distant city.

Hinkle v. Thompson

195 S.W. 311 · Court of Appeals of Texas · Mar 22, 1917

The third assignment is: “The district court erred and clearly abused its discretion in failing and refusing to hear and consider the testimony of the witness E. 'T. … Now the court qualifies or explains the bill of exception, or rather his reason for declining to hear the oral testimony of Mr.

Drake v. Yawn

248 S.W. 726 · Court of Appeals of Texas · Jan 19, 1923

This act required that a petition setting forth the boundaries of the proposed district, signed by a majority of the qualified voters within said boundaries and approved by the county superintendent of public instruction … Appellees strongly contend that — "The above article clearly confers upon the trustees of said districts, to, by agreement, consolidate such districts for the purpose of maintaining one or more schools, etc."

Walker v. State

701 S.W.2d 316 · Court of Appeals of Texas · Dec 4, 1985

Under Texas law, the owner of property unlawfully taken from him may testify as to the value of the property even though he is not qualified to testify as an expert regarding what the fair market value of the property might … With this crucial feature, the actor’s acquisitive conduct is clearly “unlawful.” See Lugo-Lugo v. State, 650 S.W.2d 72 (Tex.Cr.App.1983) (Opinion concurring on state’s motion for rehearing).

Tyree v. Road Dist. No. 5

199 S.W. 644 · Court of Appeals of Texas · Nov 24, 1917

Such hoards, however, are clearly auxiliaries or in-strumentalities of the state, invested with authority to administer and control subordinate local affairs, and. are, in our opinion, to be classed, in the absence of legislative … upon them by the Legislature, and the rule that their acts in such respect will not be disturbed, save when the grant is exceeded, fraud is imputed and shown, or there is a manifest invasion of private rights, is as well established

In re Salminen

492 S.W.3d 31 · Court of Appeals of Texas · Apr 5, 2016

STANDARD OF REVIEW Generally, to be entitled- to mandamus relief, a party must establish that the trial *38 court clearly abused its discretion and that she lacks an adequate remedy by appeal. See In re Prudential Ins. … Texas does not qualify as a child’s home state when the child has not lived in Texas for the six-month period immediately preceding the filing of the child custody action in Texas. See Koester v.