Case law

Logan v. State

71 S.W.3d 865 · Court of Appeals of Texas · Mar 7, 2002

Justices Jennings and Taft dissented separately from the court’s denial of en banc review on the issue of whether a complainant’s statement qualified as an admission by a party opponent. … Criminal cases are brought only after investigation by peace officers, prosecutors, and, in felony cases, grand juries, whose roles are clearly defined by statute. Tex.Code CRim. Peoc.

Borden v. Hall

255 S.W.2d 920 · Court of Appeals of Texas · Sep 27, 1951

Appellees brought this suit against appellant to establish their title to land as the heir's of Everan Price, a feme sole. They will be referred to as plaintiffs, and the appellant, as defendant. … The only elements of the agreement which might be regarded as qualifying the word' “mortgage” are the last two sentences-which the scrivener added in longhand;. but the scrivener did not eliminate the-word “mortgage” or change

North River Ins. Co. v. Rippy

23 S.W.2d 853 · Court of Appeals of Texas · Nov 30, 1929

The stipulation in the policy giving the defendant the option to repair the damage done to the building clearly was for its benefit, and the burden did not rest upon the plaintiff in order to show liability, to allege and … Several assignments .of error are addressed to the action of the court in overruling defendant’s objection to Ramsey’s testimony on the grounds that he was not sufficiently qualified as an expert to prove such damages, in

Wells Independent School District v. St. Louis Southwestern Railway Co.

324 S.W.2d 442 · Court of Appeals of Texas · Apr 28, 1959

the three members of the Board of Equalization of the School District in question have averments to the effect that they did consider their own experience and knowledge of the property in question — such affidavits also clearly … Appellants also contend to the effect that plaintiff was not entitled to relief from the assessment because it did not establish and could not establish that it was substantially injured by the valuation fixed by the Board

Drummond v. White-Swearingen Realty Co.

165 S.W. 20 · Court of Appeals of Texas · Feb 12, 1914

any insurance company therein referred to, such company shall be held to be doing business in this state, and shall be subject to the same taxes, state, county and municipal, as insurance companies that have been legally qualified … Justice White said: “If the contention of the plaintiff in error were admitted, the established authority of the state to prevent a foreign corporation from carrying on business within its limits, either absolutely or except

In the Interest of M.M.O.

981 S.W.2d 72 · Court of Appeals of Texas · Jul 29, 1998

The class representatives do not clearly state the doctrine upon which they rely to establish waiver. … As opposed to judicial estoppel, to qualify as a judicial admission the statement must have been made in the current proceeding. See Holloway v. Holloway, 671 S.W.2d 51, 59 (Tex.App.

William P. Terrell, Inc. v. Miller

697 S.W.2d 454 · Court of Appeals of Texas · Aug 29, 1985

They qualified under the Beaumont Municipal Bond program which afforded them lower interest rates. The Millers sold their mobile home. The Millers entered into an agreement, in writing, with William P. … This performance of the electrical work and installation of the electrical materials after that date clearly and lucidly demonstrate that tHe~parol evidence rule was not violated.

Cosino v. State

503 S.W.3d 592 · Court of Appeals of Texas · Oct 19, 2016

However, the Court provided insight on the issue by identifying a few relevant circumstances that may establish exigency in this context. … [DEFENSE COUNSEL]: You can see here in the medical records that he has human immune deficient virus. His immune system cannot withstand exposure to disease.

Harper v. Merchants' & Planters' Nat. Bank of Mt. Vernon

68 S.W.2d 351 · Court of Appeals of Texas · Feb 1, 1934

It is clear from the facts stated that the Liberty bonds were the absolute property of the estate of the ward of which appellant was the duly appointed and qualified guardian. … Clearly there was a misuse and detention of the two bonds, as against the estate of the lunatic.

Bass v. Waller County Sub-Regional Planning Commission

514 S.W.3d 908 · Court of Appeals of Texas · Feb 24, 2017

Commission’s claims for declaratory and injunctive relief, and also filed a Rule 91a motion to dismiss the Planning Commission’s claims for mandamus relief. 6 *911 The plea to the jurisdiction principally asserts sovereign immunity … However, Thomas's summary judgment motion clearly challenged the trial court's subject matter jurisdiction,” such that grant or denial would be appealable under Section 51.014(a)(8)). . Tex. R. App.

Compere v. Girand

42 S.W.2d 278 · Court of Appeals of Texas · Sep 18, 1931

Lessing, "special judge agreed to by the parties and duly qualified to try said cause." … In our opinion the authorities above cited, and relied on by appellant as establishing fundamental error in the record before us, do not necessarily support appellant's proposition.

De Leon v. HARLINGEN CONSOL. INDEPENDENT SCH. DIST.

552 S.W.2d 922 · Court of Appeals of Texas · Jun 9, 1977

It is conclusively established by the record that at the time applications were made, the three children lived in the District, but that their parents resided elsewhere. … and whether residence elsewhere will qualify the minor to tuition-free education will depend upon whether the residence is bona fide or is merely for the sole purpose of attending a different school.

Charles T. Picton Lumber Company v. Redden

452 S.W.2d 713 · Court of Appeals of Texas · Jan 29, 1970

Appellee did not have to rely upon defendant’s operator to establish his case. … The case at bar is clearly different from and does not run counter to that case and the authorities it cites and follows.

Houston Lighting & Power Co. v. Dickinson Independent School District

641 S.W.2d 302 · Court of Appeals of Texas · Aug 5, 1982

He testified to his prior experience in establishing values of real property and as an economic consultant. Mr. … HL&P urges, as it did at trial that neither witness was qualified as an expert. We do not agree. The record provides ample pred *310 icate for their qualification.

Highlands Insurance Co. v. Baugh

605 S.W.2d 314 · Court of Appeals of Texas · Jun 26, 1980

Clearly, the excluded evidence was hearsay and not admissible unless it came under some exception to the hearsay rule. … The trial court correctly excluded the documents and the tendered evidence failed to establish an admission.

National Union Fire Insurance Company of Pittsburgh, PA. v. Insurance Company of North America

955 S.W.2d 120 · Court of Appeals of Texas · Oct 16, 1997

So evidence to establish profits must not be uncertain or speculative. … Clearly, when there are primary and excess insurance coverages, the various insurance companies are not covering the same risk; rather, they are covering separate and clearly defined layers of risk.

St. John v. Fitzgerald

281 S.W.2d 201 · Court of Appeals of Texas · Jun 24, 1955

On the contrary, the language found in article 2293, quoted above, seems clearly to import that the answers were to stand upon the same footing as those of a witness who is not a party. … Woodward testified clearly to-facts showing that she tried to escape-through the window because she thought her life was in imminent peril.

Priddy v. Childers

248 S.W. 144 · Court of Appeals of Texas · Nov 15, 1922

Priddy,” this is followed immediately by the qualifying statement, “All prices subject to change or withdrawal.” … It is clearly in the nature of an advertisement or business circular to attract the attention of those interested in that business to the effect that good bargains in salt could be had by applying to them, and not as an offer

Kelley v. Texas State Board of Medical Examiners

467 S.W.2d 539 · Court of Appeals of Texas · May 7, 1971

Second — There is a lack of evidence to establish that Kelley’s examination and testing of the two State employees constituted anything except the practice of dentistry because everything he did was within the boundaries … The defendant, Kelley, contends that the statutes have failed to clearly draw the line between the practice of dentistry and the practice of medicine. We disagree.

Ft. Worth & D. C. Ry. Co. v. Ayers

149 S.W. 1068 · Court of Appeals of Texas · Jun 22, 1912

appellee’s lot on the east and the Armstrong Storage Company’s lot on the west may still belong to Sanborn or some other private party, in which event, in so far as the rights of appellee are concerned, the appellant would clearly … The bill of exceptions shows that he was familiar with the location of the property, that he had had some dealings in real estate in Amarillo and was acquainted with values, and we think the court properly held him qualified