Case law

Danciger Oil & Refining Co. v. Railroad Commission

49 S.W.2d 837 · Court of Appeals of Texas · Mar 23, 1932

; and, after reciting seven specific duties enjoined upon it, provides in subdivision 8 thereof: “It shall do all things necessary for the conservation of oil and gas whether here especially enumerated or not, and shall establish … But this rule does not apply where the determination of such definite standard is delegated to a qualified agency of the state with facilities available to" it to ascertain the necessary facts by which to fix such standard

Childers v. State

30 Tex. Ct. App. 160 · Court of Appeals of Texas · Jun 27, 1891

But can the accused establish the grounds for such belief in the manner proposed? … Our statutes do not define what a magistrate is, but very clearly state who are magistrates and what their duties are.

Wasson v. State

3 Tex. Ct. App. 474 · Court of Appeals of Texas · Jul 1, 1878

The jurors were sworn, four at a time,' to answer questions, but their responses to the questions propounded were taken separately; each juror deemed by the court as qualified seemed to comprehend very clearly the questions … jury the law applicable to murder in the first and second degrees, and to manslaughter, and further instructed the jury, as follows, to wit: “The de- fendant shall be presumed to be innocent until his guilt shall have been established

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."

In Re Higganbotham's Estate

192 S.W.2d 285 · Court of Appeals of Texas · Jan 11, 1946

Thereafter she qualified according to law and at the time of the trial was acting under her appointment. … If the petitioners did not clearly specify this matter as a ground for the guardian’s removal, their omission was immaterial; under article 4234, the county court was authorized to act upon its own motion. Cherry v.

Texas & P. Ry. Co. v. Short

62 S.W.2d 995 · Court of Appeals of Texas · May 19, 1933

Petty, the engineer, to qualify according to rules of the company for the trip before he took charge of the engine ; (2) in running the train at a speed of 50 miles per hour; (3) in failing to inform said T. B. … If the transaction involved no negligence on the part of Short, then clearly we think it was not such an intervening efficient cause of the accident as a matter of law to render the negligence of the appellant too remote

Webb v. Mitchell

371 S.W.2d 754 · Court of Appeals of Texas · Jul 11, 1963

She was then asked what her conclusion was and the question was objected to on the ground that her opinion would be based on hearsay and that she was not qualified to testify to the rental value of the property. … It is well established that the qualification of a witness testifying as to market value is primarily a question for the trial court, whose ruling thereon will not be disturbed on appeal unless it is clearly erroneous.

Hill v. Whiteside

749 S.W.2d 144 · Court of Appeals of Texas · Feb 12, 1988

He felt it best not to disturb those clearly occupied lines in spite of the fact that they deviated slightly from a straight line extension of the North line of Miller. … The only other testimony of a qualified surveyor in the record is portions of a deposition given by Joy Green, who had been hired by the Hills in September 1984 to survey their lands.

Galveston v. Potter Floral & Confectionery Co.

5 S.W.2d 839 · Court of Appeals of Texas · Apr 26, 1928

It would have had to go over an elevation of 97.9 feet (the elevations are established from a datum line) to have gotten to Potter’s land (the land in question). … Todd, a consulting engineer, and at one time city engineer of the city of El Paso, and living in the area of the overflowed district, and after qualifying to his knowledge of the lay of the land and general conditions at

Hart v. Traders and General Insurance Company

487 S.W.2d 415 · Court of Appeals of Texas · Nov 10, 1972

They correctly reason that the terms are not synonymous, and the use of the word ‘upon’ was clearly intended to cover a class of persons and situations not necessarily included in the other terms used. … The court concluded that the claimant was not ‘in or upon’ the vehicle, in the sense of occupying it when the accident occurred, and therefore could not qualify as an insured under the owner’s policy.

Freed v. Bozman

304 S.W.2d 235 · Court of Appeals of Texas · Jun 6, 1957

This claim was reduced to a judgment in cause No. 28,213-B, in the District Court of Gregg County, Texas, wherein judgment was rendered for Bozman against Prince, as assignee for Harrell, establishing and foreclosing Bozman … The trial court clearly recognized that the vendor’s lien and deed of trust foreclosure thereof were prior to any rights or liens which Bozman might have had in the 8 acres of land itself, and the judgment of the trial court

Quinn v. Dickinson

146 S.W. 993 · Court of Appeals of Texas · Feb 24, 1912

establishing it. … The district having been created, however, and a judge of said court having been appointed and properly qualified, there was a de jure judge for each of said counties composing the Seventy-Second judicial district, and it

Stevens v. St. Louis Southwestern Ry. Co.

178 S.W. 810 · Court of Appeals of Texas · May 11, 1915

Clearly, therefore, unless it appeared that appellee, by the terms of the contract covering the shipment, had been relieved of the liability it may have incurred to compensate appellants for damages such testimony tended … We thought, and think, it devolved on appellants, in establishing their charge of negligence on the part of appellee, to show that the delay in the transportation of the cotton to its destination was not due to delay they

Shannon v. Tarrant County

99 S.W.2d 964 · Court of Appeals of Texas · Oct 23, 1936

It provides that the court may establish rewards, not to exceed $10.00 in any instance, to be paid out of the road and bridge fund for the capture of an escaped convict. … which declares: “And the Legislature may pass local laws for the maintenance [italics ours] of the public roads and highways, without the local notice required for special or local laws,” nevertheless its provisions are clearly

Javier Noel Campos v. State

458 S.W.3d 120 · Court of Appeals of Texas · Jan 16, 2015

The trial court informed the State, “You will need to qualify her.” … Appellant argued that the State could not establish that the probative value of these convictions outweighed their prejudicial effect.

San Antonio Traction Co. v. Kelleher

48 Tex. Civ. App. 421 · Court of Appeals of Texas · Jan 8, 1908

third paragraph of the charge would admit of the construction of submitting the issue as to whether the motorman “exercised ordinary care to discover appellee’s presence on the track,” as contended by counsel, it would clearly … It is a rule of grammatical construction that relative, qualifying or limiting words or clauses are to be referred to the next preceding antecedent.

Birnberg v. Sparks

410 S.W.2d 789 · Court of Appeals of Texas · Dec 29, 1966

We consider this second supplemental petition as a pleading only, and not as evidence, since it does not contain statements of facts which the affiant would be qualified as a witness to substantiate on a trial of the case … It is well settled that if one owning land exhibits a map of it on which a street, park, alley or other easement way is clearly defined, and building lots be sold by him with reference to a location on such street, park,

O'NEILL v. Alford

485 S.W.2d 935 · Court of Appeals of Texas · Oct 19, 1972

O’Neill, qualified as Executor in said cause with letters testamentary issuing; ” (5) “Alice Pearl Marshall died seized of said 136 shares of Eastman Kodak Company common stock; ” (6) “The instrument attached to Plaintiff … cash dividends or interest accruing during administration, stock splits raise a problem of substantial magnitude, and the preference for general gifts is not permitted to create great *940 hardship and operate in a manner clearly

City of Justin, Texas v. Rimrock Enterprises, Inc.

466 S.W.3d 269 · Court of Appeals of Texas · Apr 2, 2015

NICO involved an express dedication with clearly defined boundaries and a lower court ruling that misapplied the law in determining the extent of those undisputed boundaries. See id. at 820‒21. … Acts of mere negligence will not support a takings claim because the State is generally entitled to immunity for negligence and, more importantly, “we seek to ensure that the public does not bear the burden of paying for

Greyhound Corp. v. Stevens

413 S.W.2d 439 · Court of Appeals of Texas · Jul 1, 1966

The limitation must therefore qualify under the proviso as part of an authorized schedule of rates graduated according to property valuations in writing.” … Such distinguishing features were clearly pointed out in the annotation of the Nothnagle case in 32 A.L.R.2d 640 .