Case law

Lindsley v. Lindsley

152 S.W.2d 415 · Court of Appeals of Texas · Apr 12, 1941

about November 18, 1938, leaving a will which has been duly probated in the County Court of Dallas County; the defendant Porter Lind-sley, named independent executor and trustee of a trust estate created by the testator, qualified … The contention that the widow is put to an election, in our opinion, rests upon conjecture rather than upon a proper construction of the will under well-established rules.

Perry, Ex Parte James Richard "Rick"

Court of Appeals of Texas · Aug 18, 2015

As Perry sees it, his indictment, on its face, establishes that he “is being prosecuted for a veto and an alleged veto threat,” infringing not only his personal free-speech rights and immunities he possesses under the Speech … Heinrich, 284 S.W.3d 366, 372 (Tex. 2009) (distinguishing between “government officer’s exercise of discretion” and conduct actionable under “ultra-vires exception” to sovereign immunity); Tobias v.

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.

Yount v. Fagin

244 S.W. 1036 · Court of Appeals of Texas · Nov 2, 1922

The following facts were established by the evidence: The Federal Crude Oil Company was duly incorporated in July, 1991. … W. 90 . [8] It is further contended by the appellees that all the proceedings in the receivership in cause No. 6398 were absolutely void, because the receiver never qualified as such.

Southland Life Ins. v. Norton

297 S.W. 1083 · Court of Appeals of Texas · Jul 15, 1927

This contention is thus presented in appellant’s brief: “The undisputed evidence in the record showed clearly that the deceased, Charles C. … Battaile, both of whom are experienced and prominent attorneys, and qualified to give an opinion upon the reasonableness of appellee’s claim for $5,000 attorney’s fees. Mr.

Travelers Insurance Company v. Walston

436 S.W.2d 582 · Court of Appeals of Texas · Jan 9, 1969

It is now well established that to inform the jury of that which it already knows does not prejudice the right of a litigant. Finck Cigar Co. v. … The court further said: “ * * * the mere designation of the parties by this correct terminology was not error in that there were no qualifying words placed with such terms as to contrast the wealth and power of a corporation

Arrington, Charles

Court of Appeals of Texas · Jul 24, 2015

Prosecutor: And clearly you made a report because you’re here today. McGinnis: Yes. … does not grant a right suffice to establish an ineffective assistance to the unanimous verdict.

Mays v. State

904 S.W.2d 920 · Court of Appeals of Texas · Aug 10, 1995

Pickens clearly established that Mays waived his rights to counsel and to remain sfient prior to dictating his statement. The statement was, therefore, admissible. See Port v. State, 798 S.W.2d 839 (Tex.App. … In his next three potential sources of error, Mays complains of the trial court’s fañ-ure to sustain his objection to the form of the State’s opening statement and the fañure to properly qualify the State’s outcry witness

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 Health & Human Services Commission v. Advocates for Patient Access, Inc.

399 S.W.3d 615 · Court of Appeals of Texas · Mar 26, 2013

Consequently, although clearly contrary to section 380.207’s terms, a practice developed whereby parents and guardians would authorize employees of EPSDT service providers to accompany their children during transportation … a probable right to recovery, and (6) parts (c) and (d) of the modified injunction improperly attempt to control state action, which is precluded by the doctrine of sovereign immunity.

Carter-Mullaly Transfer Co. v. Robertson

198 S.W. 791 · Court of Appeals of Texas · Oct 16, 1917

Texas, was duly elected and appointed trustee of the bankrupt estate of said Carter-Mullaly Transfer Company, and duly qualified as such, and was directed to take possession of the assets and property of said bankrupt, from … obtained for the unlawful purpose already outlined, and that the corporation’s act in so borrowing and executing its notk therefor was ultra vires and not binding upon it; but the evidence admitted, taken as a whole, very clearly

Freeman v. Harleton Oil & Gas, Inc.

528 S.W.3d 708 · Court of Appeals of Texas · Jul 7, 2017

Issues not clearly stated and argued in an opening brief by an appellant are waived, See In re Estate of Taylor, 305 S.W.3d 829, 836-37 (Tex. App.—Texarkana 2010, no pet.). … The summary judgment evidence establishes that the money was wired to Buffco. .

West v. West

9 Tex. Civ. App. 475 · Court of Appeals of Texas · Jan 16, 1895

Finney and Eugene West were appointed executors; that shortly after the death of the testator his will was, in April, 1890, duly probated in the County Court of Gonzales County; that the executors named therein duly qualified … the estate of her husband; that the application is pending and undetermined in the District Court of Gonzales County, on certiorari from the County Court; but that certain creditors of the estate whose claims have been established

Rumely Products Co. v. Moss

175 S.W. 1084 · Court of Appeals of Texas · Mar 4, 1915

The correctness of that proposition may be conceded; but, as Chenault’s agency was *1087 clearly proved by bis own testimony upon tbe witness stand, we decline to bold that those assignments show reversible error. … The rule in Louisiana seems to be established by the ■Code of that state (1 Sedgwick, 103; Williams v.

Benson v. Greenville Nat. Exchange Bank

228 S.W.2d 272 · Court of Appeals of Texas · Feb 10, 1950

M. .Pitts estate,, qualifying as such and taking into possession in Hunt County all personal estate belonging to deceased; and the administrator was directed by probate court to turn said stock over to Mary Grace Benson under … The distinction is clearly drawn in 18 Tex.Jur. pp. 534, 535, viz.: “In the case of a judicial sale or sale of property in the custody of the court, a valid order of the court and a sale thereunder are all that is required

Missouri-Kansas-Texas Railroad Company v. Gage

438 S.W.2d 879 · Court of Appeals of Texas · Feb 21, 1969

The allowance of trial amendments is within the sound discretion of the trial court and unless it clearly appears that such discretion has been abused its order refusing or permitting a trial amendment will not be disturbed … The issue in question was qualified by the phrase, “if any.” It will be noted in reading the issue above set out that the jury was instructed to answer in dollars and cents, if any.

Dallas County Levee Improvement Dist. No. 6 v. Rugel

20 S.W.2d 148 · Court of Appeals of Texas · Jul 12, 1929

Said writ of possession was issued upon the following established state of facts, as alleged by appellee; That appellant levee improvement district was duly organized under what is known as the Laney Act; that appellee was … inclusive, and that said article 7284a, and all similar measures, are void for the following reasons: (1) Because chapter 20 of the Regular Session and chapter 69 of the First Called Session of the Fortieth Legislature clearly

Tatum v. State

166 S.W.3d 362 · Court of Appeals of Texas · May 19, 2005

Clearly their admission deprived Appellant of his constitutional right of confrontation. … Those can qualify, made at or near the time by a person with knowledge, so on and so forth. So now do we do away with police officers testifying? I think not.

Taylor v. Bonilla

801 S.W.2d 553 · Court of Appeals of Texas · Dec 19, 1990

If you should terminate or otherwise materially alter your existing coverage and fail to qualify for the life insurance for which you have applied, you may find yourself unable to purchase other life insurance or able to … It is well established that, where no other consideration is shown, mutual obligations by parties to an agreement will furnish sufficient consideration to constitute a binding agreement. Texas Gas Utilities Co. v.

Guidry v. Harris County Medical Society

618 S.W.2d 844 · Court of Appeals of Texas · May 28, 1981

In addition it is not established as a matter of law that an inquiry was made by the plaintiff’s mother concerning Dr. Phillips’ membership in the Society. … Considering the record as a whole we do not find that the answers made by the jury to special issue No. one were so contrary to the great weight and preponderance of the evidence as to be clearly wrong.