Case law

Kennedy, Michael Ray

Court of Appeals of Texas · Nov 13, 2015

After Clearly Stating 38. In Reports. … Evidence on direct and cross-examination established Vasquez was previously convicted for felony theft.

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.

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

Ulrickson v. Hawkins

696 S.W.2d 704 · Court of Appeals of Texas · Oct 10, 1985

We therefore must hold that the inclusion of the word "remains" in Special Issue No. 1 constitutes a clear inference that the very issue of competency being submitted to the jury had been previously established. … Fact issues as to her qualification to act as guardian clearly may be separated from the other issues bearing upon the necessity of guardianship.

Rabb v. La Feria Mutual Canal Co.

62 Tex. Civ. App. 24 · Court of Appeals of Texas · Jun 27, 1910

Commissioners were appointed by the county judge and duly qualified. … If there is such conflict, then clearly it is the duty of this court to follow, without question, the latter decision.

Rendon v. Avance

67 S.W.3d 303 · Court of Appeals of Texas · Jan 10, 2002

Under Kimbrell, the jury was qualified to make the calculation based on its common knowledge of interest rates, and “no evidence of the earning power of money” was required to be introduced. 18 Moreover, we must presume that … We hold that the amount awarded for Robert’s past medical expenses is not so contrary to the overwhelming weight of the evidence that the verdict is clearly wrong and unjust.

Banks v. State

624 S.W.2d 762 · Court of Appeals of Texas · Nov 12, 1981

Appellant's first ground raises a claim of trial court error in refusing to follow a well-established rule of law. … The full and unlimited charge of self-defense was qualified by the charge of provoking the difficulty.

Columbia Engineering International, Ltd. v. Dorman

602 S.W.2d 72 · Court of Appeals of Texas · Apr 17, 1980

Madison, supra at 414: “These decisions had established .the substantive law concerning the effect of settlement by less than all tortfeasors before comparative negligence was introduced by article 2212a in 1973. … Clearly this case has no application to the instant case because the jury found Columbia 100 percent negligent. In T. L. James and Company, Inc. v.

Millers' Indemnity Underwriters v. Patten

238 S.W. 240 · Court of Appeals of Texas · Feb 8, 1922

In other words, the question is whether the circumstances under which a participation in the profits exists may not qualify the presumption, and satisfactorily prove that the portion of the profits is taken, not in the character … In fact, it is not even now clearly presented in appellant’s brief.

Cavaness v. General Corporation

272 S.W.2d 595 · Court of Appeals of Texas · Jul 16, 1954

His allegation to that effect would have to be established if at all by parol testimony. … Plaintiff’s suit was based upon the contract itself, which did not purport to be the contract of the defendant, and clearly it was not entitled to a judgment thereon.”

Matter of LG

728 S.W.2d 939 · Court of Appeals of Texas · Apr 22, 1987

The court held appellant's *947 admission qualified as direct evidence he possessed the substance; therefore, a circumstantial evidence charge was unnecessary. … State and because the evidence presented clearly leaves a reasonable doubt as to whether any crime was committed.

Minchen v. First Nat. Bank of Alpine

263 S.W.2d 601 · Court of Appeals of Texas · Dec 2, 1953

October 15, 1947, for $36,999.24, plus interest at the rate of six per cent per annum from the date said funds were so expended to the date of the judgment in the sum of $8,631.83, or a total sum of $45,631.07, and fixed and established … The requested instruction was clearly erroneous as it would have rendered the lease void for uncertainty. 10 Tex.Jur. Sec. 101, p. 175.

Amalgamated Transit Union, Local Division 1338 v. Dallas Public Transit Board

430 S.W.2d 107 · Court of Appeals of Texas · May 31, 1968

the Trust fund upon authorization of the retirement committee; provides for the investment of the Trust funds and granting the retirement committee the right to direct such investments; provides for the Trust to be qualified … This clearly demonstrates the spirit and intent of the law not to deprive employees of their right to participate in the administration of pension plans.

Abilene National Bank v. Fina Supply, Inc.

706 S.W.2d 737 · Court of Appeals of Texas · Feb 27, 1986

As an analogy to an action for reformation, it is a well established principle that a party cannot, on the same state of facts, have both rescission and damages for fraud; rather, an election must be made. … Abilene National Bank, by Point of Error No. 15, contends that the alleged misrepresentations cannot qualify as “material misrepresentations” sufficient to support a fraud judgment.

Appel v. Childress

53 Tex. Civ. App. 607 · Court of Appeals of Texas · Feb 10, 1909

As plaintiffs established title, the judgment must have been based upon limitations. … The executors duly qualified. We think the opinion in the case of Dulin v. Moore, 96 Texas, 135 ,' requires the will to be construed as vesting the title to the property in her executors and trustees.

Anderson Furniture Co. v. Roden

255 S.W.2d 345 · Court of Appeals of Texas · Nov 10, 1952

This testimony conclusively establishes that M. E. … Only one person was qualified to testify on the element of mistake or accident in the drawing of the releases, J. Alex Blakeley.

Combined American Insurance Company v. McCall

497 S.W.2d 350 · Court of Appeals of Texas · Jun 25, 1973

a medical area where only expert medical testimony can serve to prove the reasonable medical probability of causal connection, the certificate of death and the inquest report may not convey an opinion the author is not qualified … Furthermore, the combination of the factual circumstances of an injury and lay testimony, together with expert medical testimony clearly limited to possibilities, is insufficient to support an inferential fact where the question

State v. Hartman

338 S.W.2d 302 · Court of Appeals of Texas · Jul 13, 1960

As to the no evidence point, it is sufficient to say that three qualified witnesses expressed opinions as to the value of the condemned property. … A witness qualified in these matters by long experience, as Mr. Uselton was, should not be completely disqualified by having considered an improper element of value.

Baxter v. Rusk County

11 S.W.2d 648 · Court of Appeals of Texas · Nov 19, 1928

The appellant was the duly elected, qualified, and acting county treasurer of Rusk county She was elected in 1922, 1924, and 1926. … The fact here of a sale is more clearly established., The appellant was paid, and admits that she received, proper commissions for receiving and disbursing the tax money paid to the bank on ail the warrants purchased by and

Maryland Casualty Co. v. Marshall

14 S.W.2d 337 · Court of Appeals of Texas · Feb 13, 1929

If it be admitted that this statement in the letter was inadmissible, appellant is in no position to complain here, since other parts of the letter were clearly admissible. … Southall so uncertain upon the issue of the reasonableness of the charges that it should not be accepted in support of the judgment, even though a Texas surgeon was otherwise qualified to testify as to the value of such services