Case law

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).

City of Arlington v. Centerfolds, Inc.

232 S.W.3d 238 · Court of Appeals of Texas · Jul 12, 2007

Arlington contend that (1) this case should be dismissed because appellees do not have standing, (2) appellees waived their due process claims by failing to raise them at the hearing before the Board, (3) appel-lees failed to establish … (holding that complaint about jury charge was preserved when trial court clearly understood complaint and ruled on it).

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

Wharton County Drainage Dist. No. 1 v. Higbee

149 S.W. 381 · Court of Appeals of Texas · May 18, 1912

If two-thirds of the qualified electors shall vote in favor of the proposition, the result is declared by the commissioners’ court, and not until then is the drainage district created. … It is not denied that more than two-thirds of those qualified to vote, and voting at such election cast their ballots for the drainage district and the levy of the tax and issuance of bonds.

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.

Payne v. Vinson

761 S.W.2d 474 · Court of Appeals of Texas · Nov 16, 1988

Our examination discloses evidence, other than Nicholson’s testimony, clearly sufficient to support the jury’s verdict. Payne’s third point of error is overruled. … Payne now argues generally and without citation of authority that the plat was not hearsay and that the surveyor was qualified.

Security Ins. Co. v. Sellers-Sammons-Signor Motor Co.

235 S.W. 617 · Court of Appeals of Texas · Jul 2, 1921

The possession so delivered was in a very qualified and limited sense; it was intended and understood to be temporary only, with the distinct recognition of the plaintiffs’ right to retake the property at any time, and at … By paragraph C, under the heading “Perils Insured Against,” it is clearly stated that theft of the automobile was one of the perils insured against and it is undoubtedly true in the present case that Thedford did steal the

Union Carbide Corporation v. Gayton

486 S.W.2d 865 · Court of Appeals of Texas · Oct 18, 1972

Under the established facts of this cause the finding that contributory negligence caused the accident amounts to a finding that it caused the injury. Texas & Pacific Railway Company v. … We do not here decide whether the qualifying “if anys” were necessarily included in the issue — the fact is that they were so included.

Federal Underwriters Exchange v. Pugh

174 S.W.2d 590 · Court of Appeals of Texas · May 21, 1943

, “has been defined as -a judicial proceeding, either in law or in equity, to obtain relief at the hands of a court * * * In its broadest sense it includes any and all proceedings taken in a court of justice in order to establish … Unlike in a cause of action for divorce, as already seen, the provision does not purport to condition or qualify the cause of action for compensation.

Associated Bankers Credit Co. v. Meis

456 S.W.2d 744 · Court of Appeals of Texas · Jun 30, 1970

December, A.D. 1969; and it appearing to the Court that the same should be modified as follows: It is hereby ORDERED, ADJUDGED and DECREED that the Receiver, Robert Moore, heretofore appointed by this Court and now duly qualified … ‘Appointment of a receiver without notice to the adverse party is one of the most drastic remedies known to the courts and should be exercised only in extreme cases, where the right thereto is clearly shown, and then in the

Cudmore v. Richardson-Merrell, Inc.

398 S.W.2d 640 · Court of Appeals of Texas · Dec 17, 1965

In the fall of 1959 a number of laboratory rats developed “corneal opacity” — not cataracts — but it was not clearly shown that such condition was caused by MER-29. … In Texas the rule is well established on grounds of public policy that the law of implied warranty is applicable in products liability cases involving food for human consumption regardless of the lack of privity of contract

San Lorenzo Title & Improvement Co. v. Clardy

48 S.W.2d 315 · Court of Appeals of Texas · Mar 1, 1932

frequent opportunities now offered by the isolation of these small areas of alien domain for the operations of evil doers who are alike secure from the operations of the laws of the surrounding territory and enjoy practical immunity … These principles are well established and are a part of the accepted law of nations."

Mexican National Railroad v. Musette

7 Tex. Civ. App. 169 · Court of Appeals of Texas · Dec 6, 1893

The evidence establishes the fact that the plaintiff and the engineer were fellow servants, and the jury were so charged. 9. … The witness qualified himself to give evidence concerning the general reputation of Hobart for care and caution, having had supervisory and personal relations as to him in his employment upon the same division, which placed

Southwestern Bell Telephone Co. v. Thomas

535 S.W.2d 686 · Court of Appeals of Texas · Mar 3, 1976

McMains: All I am trying to establish judge, for the appellate record is whether or not you are relying on your own recollection or rather Mr. Gettig’s and his transcription. … Appellant asserts that such award was clearly excessive and unjust so as to reflect bias and prejudice on the part of the jury. It should be noted that Dr.

Webb v. Webb

184 S.W.2d 153 · Court of Appeals of Texas · Nov 10, 1944

Webb qualified as community administratrix. She filed an inventory of the community estate. It did not list the $8,005.65 evidenced by the deposit made to the credit of E. Webb in the Citizens State Bank on July 19. … If appellees’ evidence is believed, Hugh Webb’s intention to give the money to his wife is unquestionably established. The same is true as to acceptance by Mrs. Webb. We think delivery is likewise shown.

Kelly v. Kelly

257 S.W. 992 · Court of Appeals of Texas · Jan 5, 1924

The evidence introduced in support of the claim of appellee Bentley failed to establish the existence of a debt due by appellant Kelly to said Bentley as the term “debt” is understood, but only, at best, established primarily … The evidence failed to establish any character of claim against appellant Kelly but, to the contrary, only established a claim in their favor against appellee Alline Hudel Kelly, and that, too, without any security on the

Reilly v. Buster

52 S.W.2d 521 · Court of Appeals of Texas · Jul 6, 1932

The trial court qualified the bill of exception in which he states, in part: “The following sentence used by counsel E. T. … W. 255, 257 , Judge Neill clearly states the law with reference to a new and independent cause.

City of Houston v. Potter

41 Tex. Civ. App. 381 · Court of Appeals of Texas · Jan 19, 1906

That it was not alleged that, at the time of the contract, the city had no competent and qualified city engineer. 3d. … Such a rule of construction of statutes would so frequently defeat their obvious intent and purpose that it has always been an established canon of construction of legislative Acts that their intent is to be gathered from

BNSF Railway Co. v. Chevron Midcontinent, L.P.

528 S.W.3d 124 · Court of Appeals of Texas · Mar 22, 2017

Chevron maintains that this case is straightforward, and that .the deed’s use *129 of the phrase “right of way” clearly shows that the deed conveyed only an easement. … Neale established that in the presence of mixed deed language, it is the intent as conveyed by the granting clause that controls.

Guillory, Patrick Sharard

Court of Appeals of Texas · May 4, 2015

Petitioner argues that during his criminal trial the proses, cution failed to establish whether petitioner was the person who shot and killed Raul Amaro on November 28, 2001 and the record clearly … The prosecutor's closing statement qualified as a plea for law enforcement, and the trial court did not abuse its discretion by overruling the objection. Cf. Ayala v. State, 267 S.W.3d 428, 435-36 (Tex. App.