Case law

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.

In the Interest of C.J.

392 S.W.3d 763 · Court of Appeals of Texas · Aug 2, 2012

Establishment of Parent-Child Relationship The family code states that a father-child relationship is established between a man and a child by (1) an unrebutted presumption of the man’s paternity of the child under section … When Father eventually returned the children to the Department in September 2008, the children were dirty, had lice, needed den *772 tal care and immunizations, B had fleas in his diaper, and C had ink in her ear where she

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.

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.

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.

Randy L. Yeske v. Piazza Del Arte, Inc., Swiss International, Inc., D/B/A Swiss Builders, Tino Bekardi, David E. Kassab and Paul Garnney

513 S.W.3d 652 · Court of Appeals of Texas · Dec 22, 2016

Prejudice and surprise The appellees next contend that they were “clearly prejudiced and surprised” by the third amended petition because “a pleading is facially prejudicial if it asserts new claims not previously … (stating that a claim for breach of fiduciary duty, unlike a fraud claim, does not require a plaintiff to establish reliance and holding that “the fact that at-will employment precludes PAS from establishing justifiable reliance

State v. Akin

484 S.W.3d 257 · Court of Appeals of Texas · Feb 4, 2016

In the first step, the reviewing court must determine whether the legislature, in establishing the penalizing mechanism, intended the penalty to be either criminal or civil in nature. Id. … See Helvering, 303 U.S. at 402 , 58 S.Ct. 630 (1938) (“That Congress provided a distinctly civil procedure for the collection of the [monetary penalty] indicates clearly that it intended a civil, not a criminal,-sanction.

Moody v. EMC Services, Inc.

828 S.W.2d 237 · Court of Appeals of Texas · Mar 26, 1992

Furthermore, appellee notes that the fees for preparation of the lien were clearly segregated from the fees for preparation and trial of its other theories. … To recover such amounts, the court held that the evidence must establish the following: (1) that the legal assistant is qualified through education, training or work experience to perform substantive legal work; (2) that

Watson v. State

885 S.W.2d 222 · Court of Appeals of Texas · Sep 14, 1994

This information clearly indicates Woolridge did have a pending theft by check charge and, thus, was absolutely disqualified. … The safeguards established in Miranda come into play when a person in custody is subjected to either express questioning or its functional equivalent.

Huntsman v. State

12 Tex. Ct. App. 619 · Court of Appeals of Texas · Jul 1, 1882

Cook, 17 Wall. 174 , to require that “every ingredient of which the offense is composed must be accurately and clearly alleged.” In United States v. … The meaning is that every citizen shall herid his life, liberty, property and immunities under the protection of the general rules which govern society.

McDade, David Kent

Court of Appeals of Texas · Aug 19, 2015

"By the 'law of the land' is most clearly intended the general law [common law]; 27. … manner, toward or in favor of the election of any lawfully qualified person as an elector for 2.

Tankersley v. Randal

361 S.W.2d 946 · Court of Appeals of Texas · Nov 2, 1962

Appellants’ second point is that said jury finding is so contrary to the overwhelming weight and preponderance of the evidence as to be clearly wrong and unjust. … Neither was shown to be a qualified purchaser and actual occupant. They did not pay the State for the land. They did not pay taxes thereon.

Temple Trust Co. v. Haney

103 S.W.2d 1035 · Court of Appeals of Texas · Mar 18, 1937

Haney and wife sought to establish usury in three separate loans made to them by the Temple Trust Company. … As to this Haney was clearly entitled to invoke the penalty and recover double that amount; and as to this the trial court properly so adjudged.

Massay v. Studer

11 S.W.2d 227 · Court of Appeals of Texas · Oct 31, 1928

The town of San Marcos was incorporated and divided into four wards, and the commissioners’ court of Hays county, in which county San Marcos was located, established but two election precincts and these without reference … expression of the popular will in the speediest and most convenient manner; and we think a failure to comply with provisions not essential to attain that object should not avoid the election, in the absence of language clearly

Moore v. State

54 S.W.3d 529 · Court of Appeals of Texas · Sep 20, 2001

A defendant’s only substantial right in this context, therefore, is that the jurors who do serve be qualified. Jones, 982 S.W.2d at 393 . … He argues that there is no evidence to establish his intent to commit any kind of sexual offense.

Varnell v. Gleich

274 S.W.2d 896 · Court of Appeals of Texas · Jan 20, 1955

Gleich was the duly appointed qualified and acting administrator of her estate. … Varnell, but when it is viewed in connection with the other questions which came immediately before, it is clearly an inquiry as to whether the witness had ever made the statement after the death of the deceased that payment

Prevost, Jeffery Keith

Court of Appeals of Texas · Feb 6, 2015

(CR-I; p. 12). 50 criminal defendant is exposed and those facts must be established by proof beyond a reasonable doubt. Jones v. United States, 526 U.S. 227 (1999). … Here, although the Court gave the jury “an instruction to disregard” Vicki Alexander, testimony regarding Appellant’s extraneous offense evidence was arguably, “clearly calculated to inflame the minds of the jury” and

Toledo v. State

519 S.W.3d 273 · Court of Appeals of Texas · Apr 6, 2017

The party who challenges a statute bears the burden to establish that it is unconstitutional. Peraza, 467 S.W.3d at 514 . … contends that section 21.12 is facially unconstitutional under Article I, section 19 of the Texas Constitution, which provides that “[n]o citizen of this State shall be deprived of life, liberty, property, privileges or immunities

Hayman v. Dowda

233 S.W.2d 466 · Court of Appeals of Texas · Oct 6, 1950

There are parts of Hay-man’s testimony that clearly indicate that he did not execute the deed on Monday when his wife executed it. … Moreover, if cross plaintiff had been present at the trial she could have qualified and testified as to the contents of the lost instruments.