Case law

Battle v. Wolfe

283 S.W. 1073 · Court of Appeals of Texas · Apr 14, 1926

“The first requisite of an adequate description is that the land shall be identified with reasonable certainty but the degree of certainty required is always qualified by the application of the rule that ‘that is certain … In tbe face of tbe witness’ denial, tbe affidavit was clearly not admissible for tbe purpose of impeachment, even if tbe matter inquired about could be held material and binding upon appellees.

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

Paroline v. State

532 S.W.3d 491 · Court of Appeals of Texas · Mar 30, 2017

Pa-roline complains on appeal that the admission of the testimony was error since Shackelford had not been qualified as an expert. … Circumstantial evidence and direct evidence are equally probative in establishing the guilt of a defendant, and guilt can be established by circumstantial evidence alone. Ramsey v. State, 473 S.W.3d 805, 809 (Tex. Crim.

Smith, Skie Jordan

Court of Appeals of Texas · Mar 26, 2015

Smith never argued at that time that Jane had made other prior comments which would qualify as outcry statements to another person over the age of eighteen. … Even if Smith had objected at trial on the ground that Jane’s mother was not the proper outcry witness, he presented no evidence to the trial court establishing that any other person would have qualified in that capacity

State v. Helvey

375 S.W.2d 744 · Court of Appeals of Texas · Feb 6, 1964

We established by your testimony what in your judgment was the value of, in your opinion, valuation of land is an opinion. … State, Tex.Civ.App., 342 S.W.2d 167 . *751 An expert value-witness, having been qualified to express an opinion as to value of land being condemned, should be permitted to give details of sales upon which he bases such opinion

Speer v. State

109 S.W.2d 1150 · Court of Appeals of Texas · Nov 4, 1937

Page and James Green- . wood, two duly qualified medical experts, with reference to the effect of morphine upon human beings and what quantity thereof, was recognized by the medical profession; as being proper to be prescribed … Recurring now to the rights and privileges of the State as appertaining to the relief here awarded it upon the basis of R.S. arts. 4505 and 4506, the first of these clearly declares that one cause for which the State Board

Railroad Commission v. Shell Oil Co.

154 S.W.2d 507 · Court of Appeals of Texas · Jun 25, 1941

arrived at after extensive hearings, and which constitute a collateral, if not a direct, attack upon those findings, do not constitute “substantial evidence” which will support, by way of exception, a departure from an established … The other two witnesses, both qualified geologists, based upon their examination of logs of wells in this area, including that of the well in question, both testified that no such upper 40-foot strata of saturated, permeable

Whitson Company v. Bluff Creek Oil Company

278 S.W.2d 339 · Court of Appeals of Texas · Mar 18, 1955

The Whitson Company and its. officials were clearly of the opinion that the property and equipment of the well on the Fenoglio Lease belonged to the Whitson Company and that the Bluff Creek Oil Company had no rights therein … Whitson had full authority to do all the things which he did do in so far as the Whitson Company was concerned, and on account of the doing of which the Whitson Company’s liability was established, by the jury verdict.

Collins v. Weiss

32 Tex. Civ. App. 282 · Court of Appeals of Texas · Apr 22, 1903

Simmons, a brother-in-law of Seaburn Collins and of Dillon Collins, the other subscribing witness, after qualifying as to their handwriting, gave it as his opinion that both the signature of the grantor and that of Dillon … The failure to produce this reflects upon the truth of the assertion that it existed, and incidentally affects the weight of the other evidence offered to establish the forgery.

International & G. N. Ry. Co. v. Edmundson

185 S.W. 402 · Court of Appeals of Texas · Mar 8, 1916

These principles were clearly announced by Associate Justice Roberts in the well considered case of Holt v. Parsons, 23 Tex. 21 [ 76 Am. Dec. 49 ].” … W. 76 , Judge Key said: “The evidence tending to show express malice may not be strong, but we cannot say that there was no testimony tending to establish that fact.

Harkins v. State

268 S.W.3d 740 · Court of Appeals of Texas · Aug 29, 2008

Looking at the Court’s definition, the legal definition of a dangerous drug, it qualifies as a dangerous drug. Though their expert said it wasn’t a dangerous drug, that’s the medical definition. … Erica Davis, the nurse who drew Harkins's blood at the hospital on the night of her arrest, also testified briefly for the State, apparently to establish the chain of custody of the blood samples. . Dr.

Ewing v. State

157 S.W.3d 863 · Court of Appeals of Texas · Feb 3, 2005

. § 3.03 (b)(2)(A) (Vernon 2003). 4 *870 However, these two statutes cannot be read independently of each other. 5 Instead, article 42.08 of the Code of Criminal Procedure establishes the trial court’s general authority to … Read in context, however, this statement was clearly part of the State's overall argument that Appellant was a "predator” whose actions were planned and calculated to abuse children. 4 .

AMERICAN CONVEYOR CORPORATION v. Irwin

470 S.W.2d 256 · Court of Appeals of Texas · Aug 17, 1971

And since loss of time and earnings can be established with reasonable accuracy, the best proof of which the nature of the case admits is always required. … A careful examination of the record clearly shows that there is plenty of evidence to support the Jury’s findings to Special Issue No. 7. Point No. 7 is overruled.

Melton v. Baldwin-United Leasing Co.

647 S.W.2d 388 · Court of Appeals of Texas · Feb 10, 1983

Robert Thompson, not a party to this suit, wanted to lease a 1980 Porsche automobile from Brazos, but he failed to financially qualify for the lease. Thompson persuaded appellant Joe D. … —Dallas 1941, no writ) said, “Subd. 29a is clearly not applicable, because the petition was filed in the county of a resident defendant,” citing Henderson Grain Co. v. Russ, supra.

Loaiza v. Loaiza

130 S.W.3d 894 · Court of Appeals of Texas · Apr 29, 2004

Appellant also established that the expenditures were made without her knowledge and consent. … The disproportionate findings for appellant, however, clearly show that the trial court’s judgment is based upon the later findings, not former.

Davis v. Hill

291 S.W. 681 · Court of Appeals of Texas · Jan 13, 1927

any kind of a fact they wanted to establish.” … The court qualified the bill of exception by stating that the testimony was admitted because. the court thought the proper predicate for impeachment had been laid; and that said was admitted only for said purpose.

Furche v. Sailer

8 S.W.2d 334 · Court of Appeals of Texas · Apr 28, 1928

These facts clearly establish that some free disposable property was given to Mrs. … From such environments and facts, it was clearly established that Mrs.

McClure v. Bailey

209 S.W.2d 671 · Court of Appeals of Texas · Feb 12, 1948

This holding was based upon the provisions of said will, which clearly manifested the intention of the testator that his wife should take only a life estate, with express power of disposition, and that this will further clearly … However clear they may be, declarations are not admissible to establish an unexpressed intention or to show that the testator did not intend what he expressed in the will.

Texas Co. v. Wimberly

213 S.W. 286 · Court of Appeals of Texas · May 20, 1919

“(c) That all the evidence and the great preponderance of the evidence clearly establishes the fact that the check or voucher of the defendant the Texas Company, remitting to the depository bank named in said lease, Farmers … to establish a presumption of timely delivery of said voucher to said bank.

ETC Marketing, Ltd. v. Harris County Appraisal District

476 S.W.3d 501 · Court of Appeals of Texas · May 5, 2015

We conclude that .even if ETC Marketing’s stored gas was in interstate commerce, it has presented no compelling legal argument that the gas was immune from local taxation. … And Justice Hecht observed in that case: "The goods clearly have a nexus to this state. They are present for relatively prolonged periods during which they receive local services such as police and fire protection.”