Case law

City of Stamford v. King

144 S.W.2d 923 · Court of Appeals of Texas · Oct 25, 1940

same, thereby presenting elements or issues of ambiguity calling for the ascertainment of the true intention of the parties by proper pleading and testimony and reformation of the deed in accordance with the intention thus established … purity of said water and to prevent the pollution and misuse of the same, coupled with the express intention to acquire and hold the land for the sole purpose of building a city reservoir, the full fee-simple title was thus qualified

Russell v. Adams

293 S.W. 264 · Court of Appeals of Texas · Feb 16, 1927

Russell was named as independent executor of said will and duly qualified as such on July 29, 1921, and took possession of all the property belonging to the estate of said George W. … Russell, has been in possession of said land since he qualified as executor of said will, and that he, the said executor, had contended and is now contending that J. H.

Houston Land & Trust Co. v. Campbell

105 S.W.2d 430 · Court of Appeals of Texas · Apr 15, 1937

Hill died testate on or about the 1st day of June, 1920, and Houston Land & Trust Company qualified as executor of his estate. . He left surviving him his divorced wife, Anna K. … Hill, and as a result thereof, a trust was established for the benefit of Anna K.

Michel v. Rocket Engineering Corp.

45 S.W.3d 658 · Court of Appeals of Texas · Feb 15, 2001

Rocket has never maintained a registered agent in Texas, has not paid taxes in Texas, nor has it qualified to do business in Texas. … At one end of the scale are websites clearly used for transacting business over the Internet such as entering into contracts and knowing and repeated transmitting of files of information, which may suffice to establish minimum

Telesis/Parkwood Retirement I, Ltd. v. Anderson

462 S.W.3d 212 · Court of Appeals of Texas · Mar 20, 2015

Telesis seems to argue that although Nafziger was the director of Parkwood, that position was insufficient to qualify her as one who “ran a ‘department or division’,” and vigorously asserts that the jury’s gross negligence … Telesis alternatively argues that if the evidence is sufficient to qualify Nafziger as a vice-principal but the evidence is insufficient as to the negligent causation of harm arising in relation to the emergency call system

West v. Cashin

83 S.W.2d 1001 · Court of Appeals of Texas · Apr 26, 1935

■ The language will be given the plain, common-sense meaning it was evidently intended to convey when considered in .the light of -the charge as a whole, and one part of the charge may be looked to for the purpose of qualifying … It is clearly the law that such an inquiry made before any disagreement or dispute took place is admissible. Lloyds America v. Poe (Tex. Civ. App.) 69 S.W. (2d) 160 ; Texas & Pacific Ry. Co. v. Spann (Tex. Civ.

Boyd v. Kallam

152 S.W.3d 670 · Court of Appeals of Texas · Nov 24, 2004

And a statute of limitations provision clearly statutorily restricts this common-law medical negligence cause of action by limiting the time for bringing a suit. See, e.g., Sax, 648 S.W.2d at 666 . … Agbor, 952 S.W.2d 503, 508 (Tex.1997) (applying two-prong test in as-applied open courts challenge to statutorily granted immunity to hospital allegedly cutting off negligent credentialing claim); Diaz v.

Bily v. Omni Equities, Inc.

731 S.W.2d 606 · Court of Appeals of Texas · Apr 23, 1987

Bily testified that he thought he qualified under an exception to the grade requirement because his land drained into White Oak Bayou and he considered the reserve acreage “an extension to the bank of the bayou.” … We will treat the causation element in Bily’s nuisance action as established.

El Paso County Hospital District v. Gilbert

4 S.W.3d 66 · Court of Appeals of Texas · Sep 16, 1999

In return, all qualifying Texas hospitals, including the Hospital District, received a federally matched distribution of funds under the Disproportionate Share Program. … The construction of a statute by an agency charged with its execution is entitled to serious consideration unless the agency’s construction is unreasonable and clearly inconsistent with the legislative intent.

Delley v. Unknown Stockholders of Brotherly & Sisterly Club of Christ, Inc.

509 S.W.2d 709 · Court of Appeals of Texas · Apr 18, 1974

not paid, the vendor has an implied equitable lien which may be established and foreclosed in a suit brought for this purpose. … Appellant Delley contends that since Ruby Watley Brown failed to qualify as administratrix until several days after the trial of the present suit, the trial court erred in permitting her to intervene after the close of the

Tomlinson v. Texas Department of Public Safety

429 S.W.2d 590 · Court of Appeals of Texas · Jun 6, 1968

Our conclusion in Crowe was that since the prima facie presumption of conviction ordinarily established by the abstracts of judgment was destroyed; and such abstracts constituted the only evidence in the record relied upon … (b) of Sec. 22 speaks of the authority to suspend as authorized “in this Section”, and clearly refers to all of Section 22, including (c).

MCI Telecommunications Corp. v. Texas Utilities Electric Co.

993 S.W.2d 663 · Court of Appeals of Texas · Aug 29, 1996

The record clearly indicates that at the beginning of the trial the “Rule” was invoked. See Tex R. Civ. Evid. 614; Tex.R. Civ. P. 267. … The record clearly indicates that there was both legally and factually sufficient evidence presented to the court to support each of the court’s findings.

Alamo Mills Co. v. Hercules Iron Works

1 Tex. Civ. App. 683 · Court of Appeals of Texas · Dec 7, 1892

There are some other circumstances in proof which have a tendency to establish the proposition submitted in the charge, which the jury might have considered. … Davis was allowed to state that the record of temperature 'showed that more ice was drawn than the machine could properly freeze, and that the tank was being robbed. ■ He was qualified to testify as an expert.

International & Great Northern Railroad v. Bell

62 Tex. Civ. App. 117 · Court of Appeals of Texas · Jun 30, 1910

The point relied on appears to be that the city, by its charter, was vested with the power to "lay out, establish, . . . alter, widen, extend, grade . . . maintain and improve streets," etc., and that the city required the … *Page 122 The assignments 56 to 58 are briefed together and under it is a single proposition which does not present clearly any question, but as we make it out, the point, whatever it is, is based on that phase of the case

Trailways, Inc. v. Mendoza

745 S.W.2d 63 · Court of Appeals of Texas · Jan 13, 1988

against it as to shock the conscience or to show clearly that the conclusion reached was wrong, or was the result of passion, prejudice, or improper motive. … Value of loss of earnings can sometimes be established with some degree of exactness and sometimes proof cannot be made.

Zani v. State

767 S.W.2d 825 · Court of Appeals of Texas · Feb 28, 1989

When I reach zero, I want you to turn and look at your father and focus clearly on your father, on his face, you see your father’s face very clearly. Three, two, one, zero. … Now-Focusing clearly on your father’s face for just a few moments, I am going to count from three to zero.

Harris v. Elder

49 S.W.2d 973 · Court of Appeals of Texas · Apr 21, 1932

All persons qualified voters tinder the constitution and laws of the State of Texas shall be entitled to vote at said election. … Elsewhere in the chapter relating to the establishment and removal of county seats, such words are. uniformly used instead of county courthouse or simply courthouse, as in the orders and notices of the 1929 election.

Rex Smith v. Kelly Davis and Amber Davis

462 S.W.3d 604 · Court of Appeals of Texas · Apr 22, 2015

Moreover, it establishes the maximum exemplary damage award, even when damages are awarded under another law, unless the other law “establishes a lower maximum amount of damages for a particular claim.” 2 Id. § 41.002(b). … Separately, the failure to provide the notice qualifies as a false, misleading, or deceptive act or practice under the Texas Deceptive Trade Practices Act (DTPA). See id. § 5.072(e)(1).

Missouri, K. & T. Ry. Co. of Texas v. Cardwell

187 S.W. 1073 · Court of Appeals of Texas · Jun 17, 1916

The rule by which we should be guided has been oftén announced, but, perhaps nowhere more clearly than by Justice Brown of our Supreme Court in the case of Lee v. I. & G. N. Ry. Co., 89 Tex. 583 , 36 S. W. 63 . … At least such reference seems altogether insufficient to convey to the jury the idea that the special charge was to be qualified by the court’s instructions on the issues of contributory negligence and proximate cause.

Davis v. Texas Co.

232 S.W. 549 · Court of Appeals of Texas · Mar 25, 1921

The purposes are clearly manifest from the terms of the instrument. They were the drilling, mining, and operating for oil and other minerals, there production and transportation. … Appellants, as plaintiffs, must establish their title! Appellees but availed themselves of the defense of the divestiture of appellants’ title through abandonment.