Case law

State v. Hall

76 S.W.2d 880 · Court of Appeals of Texas · Nov 5, 1934

Federal census, for the purpose of defining and undertaking to eliminate unfair competition and practices in the production and distribution of milk and milk products, a Board, the members of which, named above, were duly qualified … by itself; since in our opinion no such presumption may be properly indulged, it follows that this act is so drawn that by its plain and explicit *886 provisions it is made to apply to Harris county alone, lienee falls clearly

Southwestern Bell Telephone Co. v. Ramsey

542 S.W.2d 466 · Court of Appeals of Texas · Sep 30, 1976

Before discussing the points of error, we will undertake to summarize some of the pertinent facts established by the evidence. … Appellee Ramsey, who qualified as an expert witness, testified that in placing a value on the land covered by the two leases, he used the capitalization of income approach.

Commonwealth Land Title Insurance Co. v. Nelson

889 S.W.2d 312 · Court of Appeals of Texas · Oct 6, 1994

The case law clearly holds that once it was established that the subordination agreement was forged, and there is no dispute that it was, neither D’Oench, Duhme nor section 1823(e) can revive the document. … Because the validity of the lien was clearly tried by consent, the Nelsons cannot claim lack of pleadings to overturn the trial court’s decision.

Missouri, K. & T. Ry. Co. v. Rockwall County Levee Imp. Dist. No. 3

266 S.W. 163 · Court of Appeals of Texas · Jun 28, 1924

After such commissioners qualify and issue the necessary notice and hold a hearing, they are required to “reduce their decision to writing, stating therein the amount of damages due to the owner of such real estate, if any … also (unless it abandons or surrenders its right to cross the creek at or in the vicinity of the present crossing) to erect at its own expense and maintain a new bridge for crossing that will conform to the regulations established

Bullock v. Texas Monthly, Inc.

731 S.W.2d 160 · Court of Appeals of Texas · May 27, 1987

Wanda Hutcheson, supervisor for sales tax policy in the Comptroller's Office, testified that religious publishers may qualify for an exemption by making a one-time showing that they are a bona fide religious organization … The language and early Texas experience clearly denote a stronger belief in the separation of church and state.

Guardian Trust Co. v. Studdert

36 S.W.2d 578 · Court of Appeals of Texas · Feb 12, 1931

Hamilton died on August 5, 1922, and appellant duly qualified as executor of his will, having been named such by the terms of the will. … Such a trust could be established only by the express language of the parties or result therefrom. Admittedly nothing was said about a new trust.

Hood v. State

828 S.W.2d 87 · Court of Appeals of Texas · Jan 8, 1992

Appellant argues that by removing the co-defendant’s statement from consideration, the evidence is clearly insufficient to support the conviction. … The opinion relied in part on Roberts, 784 S.W.2d at 435 , and stressed that the court was not deciding that all “mandatory” statutes are immune to a harmless error analysis.

Estrada v. River Oaks Bank & Trust Co.

550 S.W.2d 719 · Court of Appeals of Texas · Mar 23, 1977

In Lamson , the transferor of the checks signed a document which was clearly intended to be a special indorsement of the checks. … The 1975 judgment for Estrada against Lewis does not establish that Estrada signed the 1971 note as an accommodation party.

Williams v. General Motors Corporation

501 S.W.2d 930 · Court of Appeals of Texas · Oct 4, 1973

LaRue qualified to give his expert opinion as to design defects in that mechanism. Ford Motor Co. v. Dees, supra; Texas Power & Light Co. v. Bird, 165 S.W. 8 (Tex.Civ.App.—Austin 1914, writ ref.). … The record clearly reflects that Dr.

Tarrant Appraisal Dist. v. Tarrant Reg'l Water Dist.

547 S.W.3d 917 · Court of Appeals of Texas · Apr 19, 2018

Texas courts] ... have strengthened the public use prong by blending the language of [ article VIII, section 2 and article XI, section 9 of the Texas constitution ] into a single expression of the public use requirement: To qualify … Any incidental private benefit that River Shack earns from its operation of the restaurant cannot somehow eliminate the public purposes for which the Property is clearly used.

Bluebonnet Express, Inc. v. Employers Insurance of Wausau

651 S.W.2d 345 · Court of Appeals of Texas · Apr 28, 1983

Furthermore, it was established that Plaintiffs Exhibit 7 was not the document received by Bluebonnet. … This gentleman doesn’t qualify as a gentleman who has knowledge of what the losses and reserves are.

Ebong, Iniubong

Court of Appeals of Texas · Jul 21, 2015

We analyze appellant's issue under the framework established in Batson? A. … App. 2010) ("The offense of 'injury to a child' can qualify as an underlying felony in a felony murder prosecution."); Martin v. State, 246 S.W.3d 246, 265 (Tex. App.— Houston [14th Dist.] 2007, no pet.)

Northern Texas Traction Co. v. Nicholson

188 S.W. 1028 · Court of Appeals of Texas · Oct 21, 1916

of contributory negligence, it follows there is no contradiction in the main and special charge, since the rule in such cases is undisputed, save in the exceptions noted, that one portion of the charge may be regarded as qualifying … Her declaration that she was in bed because she had been hurt was clearly self-serving, since it was and could have been in corroboration only of her claim that she was in bed as a result of the alleged acci-' dent, and for

General Motors Corp. v. Turner

567 S.W.2d 812 · Court of Appeals of Texas · Apr 27, 1978

It was then plaintiff’s burden to establish that the roof design was unreasonably dangerous. … Defendants’ questions to the witnesses regarding barrier crashes were ambiguous, and did not clearly indicate what type of experiment was to be conducted.

Massachusetts Indemnity & Life Insurance Co. v. Texas State Board of Insurance

685 S.W.2d 104 · Court of Appeals of Texas · Jan 16, 1985

obtaining license to sell life insurance in Texas; the further fact that it is in the public interest that the purchasers of legal reserve life insurance in Texas have assurance that the life insurance agents are competent, qualified … The statutory expression complained of by MILICO is as definite a declaration by the legislature as could be expected and is, no doubt, clearly understood as to its essential import by one affected thereby.

$7,058.84 in U.S. Currency v. State

30 S.W.3d 580 · Court of Appeals of Texas · Oct 4, 2000

He contends that the State did not designate Strange as a testifying expert during discovery 4 and *584 did not qualify him as an expert witness under Tex.R.Evid. 702. … However, the State never established that Minter was in possession of a felonious quantity of marihuana. It also never established that the money was used in the commission of a marihuana possession felony.

In the Interest of C.R.

263 S.W.3d 368 · Court of Appeals of Texas · May 7, 2008

The trial court admitted the drug test results for the limited purpose of establishing Davis’s and the Department’s states of mind. … Armstrong, 145 S.W.3d 131, 144 (Tex.2004) (“Clearly, erroneous admission is harmless if it is merely cumulative.”). We overrule Davis’s first point of error.

Abilene & S. Ry. Co. v. Herman

47 S.W.2d 915 · Court of Appeals of Texas · Feb 19, 1932

The jury may be enabled to apply the correct measure of damages without the knowledge of such values, the amount of depreciation being the ultimate fact sought to be established. … The remaining clause, “plus the damages to the crops for that year,” clearly has no reference to the measure of damages for the injury to the crops; not even the one for the year 1927.

Transportation League, Inc. v. Morgan Express, Inc.

436 S.W.2d 378 · Court of Appeals of Texas · Jan 3, 1969

rates, the minimum charge in *383 the scale below will apply to the continuous through movement and not to each of the separately established factors.) … The word “any,” when used without limiting or qualifying words, is all inclusive; it means one or more indiscriminately from all those of a kind. * We do not doubt that the Commission meant exactly what it said in the Corder

German Insurance v. I. M. Pearlstone & Son

18 Tex. Civ. App. 706 · Court of Appeals of Texas · May 11, 1898

The blotter for the lumber establishment was copied directly into the ledger. … , one for the dry goods establishment (all under the same general management), and one for the lumber establishment; that the grocery and dry goods blotters were entered into the day book; that the lumber blotter was entered