Case law

Cole v. City of Dallas

229 S.W.2d 192 · Court of Appeals of Texas · Mar 20, 1950

Market value cannot be established by showing the sale price of other property. 10 Texas & Southwestern Dig., Evidence, In Denison & P. S. Railway Co. v. Scholz, Tex.Civ. … The evidence was clearly admissible under the rule set out in the Humble case, supra, since he did not testify as to specific sales but only stated generally that he knew the value of surrounding property.

Heard v. State

9 Tex. Ct. App. 1 · Court of Appeals of Texas · Jul 1, 1880

, or by establishing by ■ clear and indisputable evidence such a standard of comparison. … themselves qualified to testify as experts, by permitting their opinions to go to the jury as such.

Hurley v. Camp

234 S.W. 577 · Court of Appeals of Texas · Oct 24, 1921

We think a consideration of the history of the act as a whole clearly shows this. The original act was passed in 1905, and provided for the selection of state, county, and city depositories. … The burden was upon plaintiffs to establish their allegations of abuse of discretion or fraud, and, after carefully considering the whole record, we do not believe this has been done.

Chapin v. Frank

236 S.W. 1006 · Court of Appeals of Texas · Dec 21, 1921

facto law, or law impairing the obligation of contracts; second, of section 19, art. 1, of the state Constitution, which provides that no citizen of the state shall be deprived of life, liberty, property, privileges, or immunities … And “it is difficult to see why, if the Legislature may prescribe a limitation where none existed before, it may not change one which has already been established.

In re Reynolds

369 S.W.3d 638 · Court of Appeals of Texas · May 16, 2012

A trial court clearly abuses its discretion if it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law. Walker v. … Consequently, the existence of a cause of action is immune from challenge at a venue hearing. Killeen v. Lighthouse Elec. Contractors, L.P., 248 S.W.3d 343, 349 (Tex.App.

Rathmell v. Morrison

732 S.W.2d 6 · Court of Appeals of Texas · Mar 26, 1987

Berry suggested David Hales was more qualified to study that question. … It is only necessary that the trial court’s findings show clearly that the value found by the court excluded such factors.

Polasek v. Quinius

438 S.W.2d 828 · Court of Appeals of Texas · Mar 5, 1969

Tonn, Jr., a consulting engineer, qualified as an accident reconstruction witness. … Burling the court said that the prudence of plaintiff’s action “in proceeding across the intersection * * * [when he saw no moving vehicle] is clearly evidenced by the undisputed fact that he was ‘practically out’ of the

Hardin v. Wanslee

197 S.W. 1031 · Court of Appeals of Texas · Oct 10, 1917

Nevertheless, this rule has been qualified -in some jurisdictions, at least to this extent, that a person may, while admitting title in the federal or state government, hold exclusive of all others.” … The proof to establish such disseisin must be strict, clear, positive and unequivocal. * * * Defendant in error must have been actually ousted of possession by plaintiff in error before the filing of the bill.

Garza v. State

988 S.W.2d 352 · Court of Appeals of Texas · Apr 1, 1999

Appeals held that jury shuffle errors are not exempt from a harm analysis, explaining: Except for certain federal constitutional errors labeled by the United States Supreme Court as `structural,' no error ... is categorically immune … There is nothing to suggest that the court of criminal appeals in Davis intended to change well-established law.

Foundation Reserve Insurance Co. v. Starnes

479 S.W.2d 330 · Court of Appeals of Texas · Apr 7, 1972

We have examined the entire record and hold that the jury’s finding was not so contrary to the great weight and preponderance of the evidence as to be clearly wrong. … He qualified the attorney as an expert, and began with a hypothetical question in which he was outlining work done, pleadings filed, etc., when the company’s attorney arrived.

Cary, Stacy Stine

Court of Appeals of Texas · Jul 6, 2015

Circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor, and alone is sufficient to establish guilt. Guevara, 152 S.W.3d at 49. … Penal Code § 36.02(b) (“It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he

Moore v. Sedig

791 S.W.2d 556 · Court of Appeals of Texas · May 8, 1990

Sedig was in the employment agency field undertaking to furnish the dentistry profession with qualified employees. … Such waiver clearly occurred. Point of error number thirteen is overruled. Having reached the conclusion that reversible error is not established, the judgment of the trial court is affirmed.

Schonwalder, Karl

Court of Appeals of Texas · Aug 5, 2015

agreements to which the United States is a party at the time of enactment of this Act a foreign 41 state1 shall be immune from the jurisdiction of the courts of the United States and of the States except as provided in … The 11 Writ of Habeas Corpus being necessary to establish standing for First Amendment Redress, can be done in chambers without oral argument, 12 shall be heard immediately to establish proper standing to obtain complete

Cty. Sch. Trustees v. St.

95 S.W.2d 1001 · Court of Appeals of Texas · Jun 10, 1936

This method of detaching and annexing territory from contiguous school districts clearly relates to territory lying wholly within, and as affecting school districts lying wholly within, one county. … It is also further evident from the provision in said article requiring that the petition shall give the metes and bounds of the proposed district, and be signed by a majority of the qualified voters residing in each territory

Traders & General Ins. Co. v. Blancett

96 S.W.2d 420 · Court of Appeals of Texas · May 29, 1936

It may consist of a primary fact as limited or qualified by some other fact consideration, yet on the whole be a single issue. … Ini such case, the one real issue can often be submitted, with the limiting or qualifying facts stated in connection with the one real issue to b.e submitted.”

Youree v. Bradley

275 S.W. 410 · Court of Appeals of Texas · Apr 29, 1925

It is insisted that the disclaimer did not qualify or abridge the operation of the former plea. … Clearly, from this quotation, “if the issue has been submitted generally,” the implication is that, if there is no affirmative error in the general charge, and that such general charge is a complete statement of the law upon

Village of Creedmoor v. Frost National Bank

808 S.W.2d 617 · Court of Appeals of Texas · Jun 5, 1991

The legislature also established rules regarding the procedures to be used when an existing municipality’s ETJ is reduced or expanded. … There are clearly circumstances where a municipality is incorporated with no ETJ. In Universal City v.

Blankenship v. Highlands Insurance Co.

594 S.W.2d 147 · Court of Appeals of Texas · Jan 4, 1980

The statutes involved in these cases all clearly precluded increased payments to one beneficiary upon ineligibility of another. In Webster v. … In that case the decedent’s mother attempted to qualify for workman’s compensation benefits when the decedent was survived by minor children.

Brazos River Conservation & Reclamation Dist. v. Costello

142 S.W.2d 414 · Court of Appeals of Texas · Jul 3, 1940

1, § 17, plainly provides that “No person’s property shall be taken * * * for * * * public use without adequate compensation being made, unless by the consent of such person”; and that provision, it is believed, is not qualified … But the Legislature in the article of the statutes in question undertakes to vest in the court the option or discretion of denying relief to which the citizen is clearly and certainly entitled and. in lieu thereof and as

Babcock & Wilcox Co. v. PMAC, LTD.

863 S.W.2d 225 · Court of Appeals of Texas · Sep 23, 1993

Consistent with the second amendment, the arbitrator was an experienced, qualified appraiser. … The arbitrator’s award of $1,000,000 fell almost halfway between the $200,000 value established by B & Ws experts and the 1,700,000 value established by PMAC’s expert.