Case law

Treme v. Thomas

161 S.W.2d 124 · Court of Appeals of Texas · Feb 12, 1942

We give appellants' second point: "The court erred in refusing to hold as a matter of law that plaintiff failed to show himself legally qualified by adoption or otherwise as a person sufficiently interested to be permitted … After Mark established his own home, George R. Thomas made him regular visits and carried him farm produce for the use of his own family; he gave Mark a home in the City of Beaumont in which he lives.

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.

Webb v. State

9 Tex. Ct. App. 490 · Court of Appeals of Texas · Jul 1, 1880

The form of the question above given clearly indicates that the medical witness must hear the whole evidence in order to qualify him to give an opinion. So, in Rex v. … In other words, they claim that it is a part and parcel of the whole case made by the State ; one which she is bound to establish beyond a reasonable doubt, and one which, when she has established it on the whole case beyond

Edwards v. West Texas Hospital

89 S.W.2d 801 · Court of Appeals of Texas · Dec 2, 1935

We think this testimony, by the witness best qualified upon that point, sustains our statement. We did not undertake to quote the evidence of each of the witnesses verbatim. … "Appellants' Counsel: If negligence on their part is established, it becomes material as to what follows the negligence, and I think it is admissible on that theory.

Wk v. Mhk

719 S.W.2d 232 · Court of Appeals of Texas · Sep 25, 1986

The legitimacy presumption statute, TEX.FAM.CODE.ANN. § 12.02(a), in using the term `father' clearly refers to the biological male parent. … That statute established a four-year limitation for causes of action that have no express limitation.

Gann v. Putman

141 S.W.2d 758 · Court of Appeals of Texas · Apr 4, 1940

the above described property and premises; that they have judgment for the rental, use and enjoyment of said property and premises; that the rights, claims and interests, if any, of each or all of the defendants be fixed, established … In plaintiffs’ trial petition here it clearly appears that the deed of trust covered all of the land described in plaintiffs’ petition here.

Nat'l Church Residences of Alief, TX v. Harris Cnty. Appraisal Dist.

539 S.W.3d 460 · Court of Appeals of Texas · Dec 12, 2017

The claimant seeking an exemption "bears the burden of 'clearly showing' that it falls within the statutory exemption." Tex. Student Hous. Auth. v. Brazos Cty. … The evidence also established that there was no minimum income requirement to qualify for residency. And the evidence demonstrated that there was no minimum monthly payment that a resident was required to make.

Oaic Commercial Assets, L.L.C. v. Stonegate Village, L.P.

234 S.W.3d 726 · Court of Appeals of Texas · Aug 16, 2007

The terms “Approval” and “Approved,” as used in the agreement, clearly provide for a vote as specified in section 1.10. However, the terms “Approval” and “Approved” are absent from section 9.3(d)(ii). … Even assuming, without deciding, that, as OAIC argues, AFC was the only partner qualified to vote on partnership matters on *742 January 18, 2000, OAIC points to no evidence in the record of “affirmative written approval”

Cruz v. Van Sickle

452 S.W.3d 503 · Court of Appeals of Texas · Dec 3, 2014

That section provides: This chapter does not abrogate or lessen any other defense, remedy, immunity, or privilege available under other constitutional, statutory, case or common law or rule provisions. Tex. Civ. … The last antecedent rule states that a qualifying phrase in a statute must be confined to the words and phrases immediately preceding it to which it may, without impairing the meaning of the sentence, be applied.

Waterhouse v. Gallup

178 S.W. 773 · Court of Appeals of Texas · Feb 4, 1915

Johnson were appointed administrators of his estate by the probate court of San Augustine county and duly qualified as such. … In the case supposed, when it is shown that the grantor in the deed owns only one farm or one tract of 100 acres in the county named, and the *Page 776 boundaries of the farm or tract of land are known and established, the

Charlie Thomas Courtesy Ford, Inc. v. Sid Murray Agency

517 S.W.2d 869 · Court of Appeals of Texas · Dec 31, 1974

She said the premium rates on each policy were taken from the manual printed by and containing rates established by the State Board of Insurance Commissioners. … Therefore, the facts which established consideration in Neeley do not exist in the present case.

Parkview General Hospital, Inc. v. Ashmore

462 S.W.2d 360 · Court of Appeals of Texas · Dec 30, 1970

word “Seller”, the second word at the beginning of this quote, a part of which word was scratched out and an indiscernible word written above it, obviously was written in error, and was intended to refer to buyers, as is clearly … As stated above, Jackson was a certified public accountant, and qualified as an expert witness.

Dunlap v. State

9 Tex. Ct. App. 179 · Court of Appeals of Texas · Jul 1, 1880

The record does not show very clearly the grounds upon which the trial was postponed, still the fact is apparent that the case was again called for trial on January 1, 1880. … called on the first day of January, the defendant, through his counsel, excepted to a peremptory call and an announcement from him on that day, on the ground that by the statute law of this State the first day of January is established

Coleman v. Klöckner & Co. AG

180 S.W.3d 577 · Court of Appeals of Texas · Aug 18, 2005

The record also reflects that Klockner Industrial entered into contracts with Klockner INA whereby Klockner Industrial agreed to identify “qualified U.S. firms, which can assume the role of technical partners in [Klockner … The record clearly establishes that on certain occasions, Klockner Industrial performed a beneficial function for Klockner INA.

Birkman v. Fahrenthold

52 Tex. Civ. App. 335 · Court of Appeals of Texas · Nov 18, 1908

We dispose of the tenth assignment by stating that the bill of exceptions which relates to the matter complained of, as qualified by the trial judge, discloses that an exception to the ruling was not reserved. … We think it clearly could not be given such effect, and therefore the recovery against the sureties ought not to be allowed to go further than for the two violations shown by other testimony.

ConocoPhillips Co. v. Ramirez

534 S.W.3d 490 · Court of Appeals of Texas · Jun 7, 2017

Leonor’s use of the word “all,” with no qualifiers, or reservations, is comprehensive by its nature and does not require explanation. … Brady, 811 S.W.2d 931, 938 (Tex. 1991) (any claims not clearly within the subject matter of the release are not discharged).

Whorrall v. Whorrall

691 S.W.2d 32 · Court of Appeals of Texas · Apr 17, 1985

This presumption, nevertheless, may be rebutted by evidence clearly establishing that there was no intention to make a gift. Cockerham v. … To qualify as a “retirement benefit” capable of being apportioned between his separate and the community estate, the payment must be an “earned property right which accrued by reason of years of service,” Busby v.

Statewide Convoy Transports, Inc. v. Railroad Commission of Texas

753 S.W.2d 800 · Court of Appeals of Texas · Jun 29, 1988

The standard has the purpose of immunizing from appellate revision, within limits, the choice made by the trial court between two or more alternatives legally available to the court in deciding one way or the other. … Hovey Petroleum Co., 149 Tex. 554 , 236 S.W.2d 491 (1951) (absence of finding of underlying fact essential to establish rationality of finding of ultimate fact); Thompson v.

Morten Inv. Co. v. Trevey

8 S.W.2d 527 · Court of Appeals of Texas · May 19, 1928

However, tbe evidence clearly established that tbe falling of tbe elevator was not caused by tbe acts of negligence alleged by appellant in its cross-action to have been committed by appellee express company, but, to tbe … Prom all of the testimony in reference to the falling of the elevator, it was clearly and definitely established that the fall of the elevator was caused by the shearing of the cap screws, and this wag even pleaded by appellant

O'Meara v. Saunders

199 S.W.2d 689 · Court of Appeals of Texas · Nov 20, 1946

The bill, as qualified, does not disclose an abuse of discretion on the part of the trial court. Rule 63, Texas Rules Civil Procedure. … It is unnecessary to discuss additional objections to the title which the trial court considered established by the undisputed evidence.