Case law

Richardson v. Lingo

273 S.W.2d 119 · Court of Appeals of Texas · Oct 21, 1954

Easter, 133 Tex. 309 , 129 S.W.2d 286, 288 (Commission of Appeals, opinion adopted by the Supreme Court), an administrator had qualified and had approved a claim presented to him. … Upon appeal the Commission of Appeals held that the District Court should have dismissed the petition for writ of certiorari, and in-, so.doing stated as follows: ' “Clearly if the order of the probate court appointing Dunaway

Higginbotham v. O'Keeffe

340 S.W.2d 350 · Court of Appeals of Texas · Oct 31, 1960

along with 37 feet of skid marks made by the defendant’s Buick extending north of and to the point of impact in the west lane, and the location of damage to the Ford and Buick resulted in the conclusion of Sims, who had qualified … Assuming that the jury did disregard the testimony of Jim Willis, which the record does not clearly establish, we think the jury was acting within its province to disregard any or all of such testimony.

Coastal Industrial Water Authority v. York

520 S.W.2d 494 · Court of Appeals of Texas · Feb 20, 1975

The evidence establishes that the Houston Ship Channel is a navigable body of water. … In its statement of taking Coastal has clearly shown its intention to take all of the property owned by York including the submerged tract in question.

Patty, Joiner & Co. v. City Bank of Sherman

15 Tex. Civ. App. 475 · Court of Appeals of Texas · Feb 20, 1897

The assignee immediately accepted the trust, qualified according to law and took possession of the property. At the date of the assignment Fuller was insolvent. … The distinction between enforcing illegal contracts, or contracts void as against public policy, and asserting title to property or money which has arisen from them, is clearly and distinctly drawn.

Breed, Steven Eric

Court of Appeals of Texas · Aug 27, 2015

Privilege is defined as: 'A right or immunity for or against a private person granted as an advantage or favor, especially to some and not others." Breed was granted the privilege to enter these homes. … The Lower Court's Opinion at 11: "On the other hand, this evidence was necessary to establish intent."

Vonda Barnhart v. Sylvia Morales and Luis Perez

459 S.W.3d 733 · Court of Appeals of Texas · Mar 5, 2015

conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified … Having examined all of the evidence in the record, we conclude the jury’s award of past physical impairment damages to Morales was not so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust

Cosner v. Hancock

149 S.W.2d 239 · Court of Appeals of Texas · Jan 30, 1941

Suffice it to say that it was established by the verdict and by the undisputed evidence that defendant did make such agreement with plaintiff and that as to one oil or gas lease did procure T. Berthelsen to accept same. … It clearly appears from the evidence that the sale of this security was the only activity along this line pursued by the plaintiff.

Anderson v. Menefee

174 S.W. 904 · Court of Appeals of Texas · Jan 23, 1915

It is my will, wish and bequest that if either of my said executors shall die or refuse to qualify and act as executors or trustees, or should either of them become disqualified from acting and carrying out the provisions … If, conformably to established principles of law, it can be upheld, it ought to be done, for the property devised and disposed of was accumulated as the result of his own energy and business capacity, and under our statute

Covington v. State

754 S.W.2d 726 · Court of Appeals of Texas · May 25, 1988

Texas, 378 U.S. 108 , 84 S.Ct. 1509 , 12 L.Ed.2d 723 (1964), has been qualified and restricted, if not overruled. The totality of the surrounding circumstances standard as set forth in Illinois v. … and the Samuria sword were clearly admissible.

Maddox v. Gulf, Colorado & Santa Fe Railway Co.

293 S.W.2d 499 · Court of Appeals of Texas · Jul 6, 1956

By appellants' point of error number 4 complaint is made that the court should not have admitted the testimony of John Feuerborn upon the matter of market values, such witness not having been shown to be qualified to express … Evidence which might tend to lessen the weight of testimony from adverse witnesses is as clearly admissible as evidence which would constitute a complete refutation.

Pierce v. Foreign Mission Bd. of S. Baptis

218 S.W. 140 · Court of Appeals of Texas · Jan 8, 1920

The evidence shows that neither of the parties appointed receiver qualified, and that C. C. Pierce continued in the sole management of the estate, claiming to act under the provisions of the will. … Pierce. [9,10] Clearly the district court had no judicial power to compel any of the parties to the suit to submit to a determination of any issue not involved in that appeal from the county court.

Maxey v. Queen

206 S.W.2d 114 · Court of Appeals of Texas · Oct 31, 1947

It is a general rule that, when the language of a will is clear, extrinsic evidence cannot be adduced to contradict, enlarge, explain, or qualify its meaning.” In the cited case (Adams v. … Clearly he could not execute a deed in the name of Mattie Jackson, for she alone could have done that in her lifetime.

Bray v. Tejas Toyota, Inc.

363 S.W.3d 777 · Court of Appeals of Texas · Feb 2, 2012

The sole impediment to his qualifying under the program was the inability of Tejas to achieve 100% sales efficiency. … The textual distinctions between these adjacent statutory provisions is significant and clearly indicates that the legislature intended for one provision to be discretionary and the other to be mandatory.

Van Valkenburgh v. Ford

207 S.W. 405 · Court of Appeals of Texas · Nov 14, 1918

Page was by the court appointed receiver of the properties of the corporation on the 28th day of October, 1915, and on the same day duly qualified as such. … From what has been said, we reach the conclusion that so much of the judgment of the court below as fixes and establishes priorities described therein, and so much thereof as establishes and directs the order in which the

Stage Stores, Inc. v. Jon Gunnerson

477 S.W.3d 848 · Court of Appeals of Texas · Oct 8, 2015

The opinions must have a reasoned basis which the expert ... is qualified to state.”); Allbritton v. Gillespie, Rozen, Tanner & Watsky, P.C., 180 S.W.3d 889, 892 (Tex.App. … We must sustain Scott’s legal sufficiency issues because the evidence conclusively establishes the opposite of a vital fact found by the trial judge (i.e., nonpayment).’ ” Citizens Nat’l Bank in Waxahachie v.

Blackman v. Blackman

128 S.W.2d 433 · Court of Appeals of Texas · Apr 21, 1939

Blackman temporary guardian, and he qualified as such, by filing the bond required and oath prescribed by statute. … "If, therefore, it be shown that the minor's case was not properly laid before the court, by collusion, neglect, or mistake, a new bill may be brought in behalf of the infant, and if it be established that the judgment was

Nimitz v. Holland

217 S.W. 244 · Court of Appeals of Texas · Nov 12, 1919

It restrains us from importing into the statute anything which its language does not clearly comprehend. … Nimitz did not show herself sufficiently qualified to testify as to the market value of the property.

Freeman v. Griewe

143 S.W. 730 · Court of Appeals of Texas · Jan 25, 1912

To state this position clearly is, to our minds, to refute it — is to evidence the fact that the case was essentially one for a jury’s determination. … The court qualifies the bill by stating that the reason was that Dr. Howard, defendant’s chief surgeon, had procured the attendance of Drs.

Gannett Outdoor Co. of Texas v. Kubeczka

710 S.W.2d 79 · Court of Appeals of Texas · Feb 13, 1986

To establish proximate cause, a plaintiff must prove that but for the act or omission complained of, the occurrence would not have occurred. … Clearly, the jury could believe whomever it chose. Appellant failed to take any precaution to protect Appellee’s property even though a hurricane was approaching.

Harris v. American Protection Insurance Co.

158 S.W.3d 614 · Court of Appeals of Texas · Feb 10, 2005

The record clearly shows that soon after receiving notice of the hail damage, American adjuster McDade contacted Aetna, inspected the roof, reviewed documentation relied upon by Aetna’s adjuster, and talked with Aet-na’s … Moreover, the purchase and sale agreement carefully qualifies the rights being assigned to Harris as “those that are assignable without consent of third parties.”