Case law

Reilly v. Rangers Management, Inc.

717 S.W.2d 442 · Court of Appeals of Texas · Sep 10, 1986

objectionable and of no probative value to the extent that it contains testimony concerning the fair market value of the limited partnership units; 2. the affidavit of Reilly is objectionable because it is insufficient to qualify … VIII(B) is entitled “Distributions”, it clearly sets out the method by which funds and assets are distributed. That we should look exclusively to art.

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.

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.

Texas Baptist University v. Patton

145 S.W. 1063 · Court of Appeals of Texas · Mar 23, 1912

The testimony did not conclusively establish that the defendant Pearce was absolutely insolvent. … Daniel in his work oh Negotiable Instruments, § 721, in discussing the various circumstances under which parol evidence is admissible to explain or qualify an unrestricted indorsement, says: “Secondly, it might be shown that

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

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

Panhandle & S. F. Ry. Co. v. Montgomery

140 S.W.2d 241 · Court of Appeals of Texas · Mar 25, 1940

This act as it now exists, we think, clearly implies that “any common carrier delivering property received for transportation in interstate commerce, and transported, is liable to the owner thereof for any damage caused by … The testimony of these witnesses was to the effect that the market value was the same generally in that section of the State and we think they showed themselves qualified in every respect to testify to the value of cattle

Gray v. Sovereign Camp, Woodmen of the World

47 Tex. Civ. App. 609 · Court of Appeals of Texas · Nov 23, 1907

We think the false statement of the insured, that appellee was his niece, so manifestly material, as it declared her a relative and qualified beneficiary, in view of the warranty of its truth and agreement to forfeit rights … We have given the matter that careful consideration suggested by the force of the contention, and the zeal and ability with which it has been urged, but are clearly of the opinion that the principle announced in the cases

Buck v. Savage

323 S.W.2d 363 · Court of Appeals of Texas · Mar 19, 1959

Clearly the objection did not point out, nor was it confined to that part of the answer wherein appellee testified that the wide dissemination of the defamatory statements caused him to lose business. … Such privilege is termed conditional or qualified because a person availing himself of it must use it in a lawful manner and for a lawful purpose.

Southwestern Greyhound Lines, Inc. v. Dickson

228 S.W.2d 232 · Court of Appeals of Texas · Mar 1, 1950

He was interested in proving her lawsuit, and helping her establish it. That is her privilege and his privilege. … This phase of the argument complained of was contained in defendant’s bill of exception No. 1, which was qualified as here-inabove noted.

King Commodity Company of Texas, Inc. v. State

508 S.W.2d 439 · Court of Appeals of Texas · Mar 7, 1974

For example, if the market is on the downtrend, a short position is established; if the market is in an uptrend, a long position is established. … The language of article 7.07 above quoted could hardly be more explicit or more clearly mandatory.

Kubinsky v. Van Zandt Realtors

811 S.W.2d 711 · Court of Appeals of Texas · Aug 7, 1991

In a summary judgment case, the issue on appeal is whether the movant met his burden for summary judgment by establishing that there exists no genuine issue of material fact and that he is entitled to judgment as a matter … Appellees’ services in connection with this *716 transaction clearly involve the exercise of professional judgment by appellees; thus, no implied warranty of good and workmanlike performance exists as a matter of law.

Booth v. City of Dallas

179 S.W. 301 · Court of Appeals of Texas · Jul 3, 1915

ordinance of which section 9 is a part does not, in our opinion, expressly or impliedly undertake to interfere with the free and undeniable right of the citizen to engage in any other lawful pursuit or business for which he may qualify … By the enactment of section 15 and the ordinance creating the office of inspector, it clearly and fully exercised that discretion, and directed; that thereafter each motor bus should be examined and inspected in all of its

Air Shields, Inc. v. Spears

590 S.W.2d 574 · Court of Appeals of Texas · Oct 18, 1979

Proximate causation may be established by circumstantial evidence. Farey v. M M Cattle Co., Tex., 529 S.W.2d 751 . … Of the 20,000 to 30,-000 jobs available, the blind person is qualified for only about 200 of thém. There is evidence Rusty would have a future loss of earning capacity of $1,939,546.

Cantu v. Cantu

556 S.W.3d 420 · Court of Appeals of Texas · Jul 24, 2018

The first method was based on the clinics' average monthly income once the clinics were established and operating. The second method was based on the average number of patients and the average fee per patient. … Rick also alludes in his brief that Murff may not have been qualified to testify as an expert.

City of Austin v. Nuchols

42 Tex. Civ. App. 5 · Court of Appeals of Texas · Feb 14, 1906

In other words, as evidence for what it was worth as tending to establish the second ground of negligence alleged. … The mere fact that it was old style did not tend to establish the fact that it was defective when originally put in, or that it became defective before the storm.

Fulcher v. Young

189 S.W.2d 28 · Court of Appeals of Texas · Jul 11, 1945

The latter two were clearly not disqualified by the statute. There is another ground upon which the statute is inapplicable. … It is held in these and other cases that the question whether a non expert witness has shown himself qualified to express an opinion as to one’s sanity is largely a question of discretion of the trial judge.

Nueces County Drainage & Conservation District No. 2 v. Bevly

519 S.W.2d 938 · Court of Appeals of Texas · Mar 6, 1975

It is clearly established by the evidence that the construction of the interior drainage project by the City, and the enlargement of Ditch “C” by the District, will give substantial drainage relief to the more than 10,000 … Yet that taxpayers in the state are qualified to sit as judges and jurors in all state cases cannot be questioned.

Cannan v. Varn

591 S.W.2d 583 · Court of Appeals of Texas · Nov 29, 1979

Appellee did sell by mail an oil and gas interest which appears to qualify as a security. 15 U.S. C.A. § 77b(l). … This instruction clearly directs the jury to consider circumstances surrounding the performance of the agreement. Point 13 is overruled.

Hagelstein v. Blaschke

149 S.W. 718 · Court of Appeals of Texas · Jul 10, 1911

Hagel-stein, having qualified as independent executrix, under her husband’s will, on February 9, 1911, appellee, by an amended pleading, brought Mamie B. … Hemming of the deed covering section No. 99, the fact that he had been shown one piece of land, while his deed covered another, and alleged such facts as, if true, clearly entitled him to a rescission of the sale to him,