Case law

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

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.

Ex parte Gonzalez

525 S.W.3d 342 · Court of Appeals of Texas · Apr 13, 2017

Specifically, appellant argues that owners and operators of game rooms may be deprived of their right to own businesses, to earn a living, and to establish themselves as members of the business community due to excessive … The definition of “operator” under section 1.4(f) provides a specific list of activities involved in operating a game room that would qualify a person as an “operator.” 4 This definition in the Regulations provides context

MOBIL OIL COMPANY v. Dodd

528 S.W.2d 297 · Court of Appeals of Texas · Sep 18, 1975

. *301 The speed in miles per hour of plaintiff’s car as it moved forward into the intersection was not established. … While the exact position and speed of plaintiff’s car immediately prior to impact were not clearly established by the evidence, the only reasonable inferences that can be inferred from all the facts in evidence, without ignoring

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

Wunsch v. Burlington State Bank

248 S.W. 135 · Court of Appeals of Texas · Nov 22, 1922

They qualified as such executors, and accepted the trust in favor of Katie Wunsch, who is still alive, and are now performing the duties imposed upon them by said trust. … The court rendered judgment in favor of the bank, establishing its legal title to the interest of I. B.

Chambers v. Gilkey

200 S.W.2d 858 · Court of Appeals of Texas · Feb 14, 1947

Gilkey qualified as executor of her estate without bond through the Probate Court of Kaufman County, where administration is now pending. … In ruling out the testimony just mentioned, the majority proceeds upon an entirely erroneous basis: First: That intent is thereby sought to be established independently of the will; in other words, as a showing of what the

Southwestern Bell Telephone Co. v. Public Utility Commission

745 S.W.2d 918 · Court of Appeals of Texas · Jan 20, 1988

Conceding the Commission’s power does not, however, make the agency immune from considerations of fairness in its exercise, and much of Bell’s oral argument on submission implied a complaint in this regard. … Unless the balance clearly preponderates in favor of the ad hoc adjudication method, the agency should utilize the rule-making procedures. 1 Cooper, supra, at 181-82.

Jeremy Oney and Horizon Cable Service, Inc. v. William Crist and Heather Crist

517 S.W.3d 882 · Court of Appeals of Texas · Mar 15, 2017

We will set aside the verdict only if it is so against the great weight and preponderance of the evidence that it is clearly wrong and unjust. Id. … The jury’s finding is not so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. See id. at 826.

Life Insurance Co. of Southwest v. Brister

722 S.W.2d 764 · Court of Appeals of Texas · Dec 18, 1986

CIV.P. 23(b)(3), the Advisory Committee’s Note delineates which types of fraud qualify for class action. … If appellee’s claim is indeed meritorious, then clearly the resolution of these 145 claims by class action is superior to any other methods of adjudication.

Hunt v. Dallas Trust & Savings Bank

237 S.W. 605 · Court of Appeals of Texas · Dec 3, 1921

Clause 3 of the will must, we think, be held clearly and unconditionally to bequeath all the personal property in absolute title to Mr. Springfield. … We think appellants' exhaustive argument, intended to establish the proposition that paragraph 7 was necessary, and was intended by Mrs.

Texas Employers Ins. Ass'n v. Little

96 S.W.2d 677 · Court of Appeals of Texas · Jun 19, 1936

Jurors with the degree of common sense that qualifies them to act as such would necessarily know that one appealing from an award would do so because he was not satisfied with it. … Undoubtedly it was admissible to establish such jurisdictional facts in a compensation case.

People's Ice Co. v. Nowling

16 S.W.2d 976 · Court of Appeals of Texas · Mar 13, 1929

Nowling, on January 24, 1927, the defendant was duly qualified as a subscriber and carried a valid workmen’s compensation policy of insurance issued by the Casualty Reciprocal Exchange for the protection of its employees, … Under these authorities, it appears clearly that section 5 of article 8306, R. O.

NHA, INC. v. Jones

500 S.W.2d 940 · Court of Appeals of Texas · Oct 12, 1973

The parol evidence complained of was offered to establish these claimed oral parts of the various employment contracts. … If he could have worked for the additional six months following January 1, 1971, for NHA, Inc. he would have qualified for this tax refund.

Smith v. Gulf States Utilities Co.

616 S.W.2d 300 · Court of Appeals of Texas · Apr 1, 1981

) a further sum of money equal to the amount of the damages awarded by the Commissioners, or (b) a surety bond in an amount equal to the amount of the damages awarded by the commissioners issued by a surety company duly qualified … The petition and statement make reference to three exhibits which when examined together clearly show from the face of the proceedings the property sought to be condemned in such a way as to locate it with certainty.

Kosse Nat. Bank v. Derden

36 S.W.2d 295 · Court of Appeals of Texas · Feb 26, 1931

One of the jurors who testified that he knew the facts replied that Forbes was not qualified as a witness and that appellant might not want him there. … On the contrary, such purchase was clearly prohibited by the provisions of section 29 of title 12 of the United States Code (12 USCA § 29). The case of Williams v.

Texas Mexican Ry. Co. v. State

174 S.W. 298 · Court of Appeals of Texas · Feb 17, 1915

The trial court, on ex parte hearing, without notice to the railway, appointed a receiver on August 10, 1914, who qualified on August 11, 1914. … We do not think the Legislature intended such a radical departure from the long-established practice of the courts of our state.

Vineyard v. Heard

167 S.W. 22 · Court of Appeals of Texas · Apr 8, 1914

It is a well-established rule that a *Page 26 deed can be made only to grantees in existence or life, at the time of the execution of the deed. … Vineyard, 43 S.W. 55 , the Court of Civil Appeals of the First District, construing the language of this deed, held: "Whatever this right may have amounted to, it was clearly not that of a power to sell.

Spencer v. Pettit

17 S.W.2d 1102 · Court of Appeals of Texas · May 8, 1929

Clearly it was made having in mind the rules governing the burden of proof where the trustee wrongfully mingles trust property with his own, for he *1108 says Pettit never acquired any separate property and that his second … In qualifying the bill, the trial judge does not say that the remarks alleged to have been made by Mr.

Eldred, Zack Jr.

Court of Appeals of Texas · Dec 28, 2015

as their Outcry witness under 38.072, and it is our poition ,that under the ststute she does not qualify as the outcry witness. … The record - established that Keilburg talked sbout the abuse to numerous adults prior to being interviewed by Davison on May 17,2011.