Case law

Gulf, C. & S. F. Ry. Co. v. Gentry

197 S.W. 482 · Court of Appeals of Texas · Jun 20, 1917

If a carrier negligently puts a passenger off at a place where there is no shelter available, the exposure incident to an attempt to reach a safe lodging place would be clearly the direct and proximate result of the wrong … While a qualifying clause would have freed it unquestionably from the imputation that it was on the weight of the evidence, we hardly think the jury could have considered it as having that effect, or that their verdict was

Bain v. Coats

228 S.W. 571 · Court of Appeals of Texas · Jan 19, 1921

Parker qualified as executors and gave bond, with appellants J. L. Bain, T. G. Butler, and E. C. Seale as sureties. … It is not a case in which the court was authorized to reduce a verdict, or make a new and substituted finding, not on an issue submitted in the case for that purpose, but clearly opposed to all issues in the case.

Southwest Wheel & Manufacturing Co. v. Sholts

501 S.W.2d 387 · Court of Appeals of Texas · Nov 1, 1973

Strader was qualified as an expert in the field of tires and wheels and testified a 14 inch tire would mount on a 14.5 inch wheel without too much difficulty. … We think clearly the following quotation from it [Halepeska v. Callihan Interests, Inc., 371 S.W.2d 368, 379 (Tex.1963)] makes volenti inapplicable to the facts of this case.

Blackburn v. Columbia Medical Center of Arlington Subsidiary, L.P.

58 S.W.3d 263 · Court of Appeals of Texas · Sep 27, 2001

The purposes of this program were: 1) to gain an accredited program which would attract qualified residents, 2) to receive higher medicare payments for the hospital, and 3) to share in other intangible benefits. … The master agreement in Able clearly acknowledged these purposes and was relied upon by the court in holding that some evidence of a joint enterprise existed between the contracting parties. Id.

Howard Hughes Medical Institute v. Neff

640 S.W.2d 942 · Court of Appeals of Texas · Aug 5, 1982

Due Execution Following appellant’s statement of its only point of error complaining of the probate court’s granting of a summary judgment, appellant states that “Texas law clearly permits the use of secondary evidence of … In any event, to qualify for admission, recitals in an ancient document must be shown to have been made upon the personal knowledge of the declarant. Sherrill v.

First Nat. Bank of Wichita Falls v. Foley

26 S.W.2d 314 · Court of Appeals of Texas · Mar 5, 1930

The issue presented to the court was not a clear-cut denial of indebtedness, but a denial qualified by its equitable right to offset the indebtedness owing to it against the deposit in its bank, and the issue of insolvency … It is clearly the purpose of this act to furnish a measure of insolvency for the operation of the bankruptcy court.

Gillette v. Houston Nat. Bank

139 S.W.2d 646 · Court of Appeals of Texas · Apr 11, 1940

It does not interfere with the well-established principle, that where the true owner holds out another, or allows him to appear, as the owner of, or as having full power of disposition over the property, and innocent third … exercised, are not expressed on the face of the instrument, but remain in confidence between the owner and the depositary, the case cannot be distinguished in principle, from that of an agent who receives secret instructions qualifying

Cross v. Longley

165 S.W.2d 233 · Court of Appeals of Texas · Oct 2, 1942

The will was probated, and the executors qualified. … The affirmative allegations found in the petition, to our minds, clearly preclude recovery by appellant under the conditions which we have discussed.

Franks v. State

90 S.W.3d 771 · Court of Appeals of Texas · Oct 24, 2002

The evidence also established that Appellant had short hair shortly after Opal’s abduction. … (holding police officer qualified to testify as both lay and expert witness); Austin v.

Williams v. Carroll

182 S.W. 29 · Court of Appeals of Texas · Nov 11, 1915

, waterworks, and other public improvements, except as in the Constitution otherwise provided. (5) Not to exceed 15 cents on the $100 valuation for the further maintenance of public roads, when authorized by vote of the qualified … the court said: "But in our opinion the Constitution, pervaded throughout as it is by a manifest purpose of limiting the taxing power of the Legislature and of all the municipal or political subdivisions of the state, has clearly

Business Staffing, Inc. v. Jackson Hot Oil Service

401 S.W.3d 224 · Court of Appeals of Texas · Jul 5, 2012

Sale, 689 S.W.2d 890 (Tex.1985), the Texas Supreme Court held that an employee can qualify as a “consumer” under the DTPA. … The record is replete with evidence sufficient for a jury to determine that the elements of civil conspiracy were established.

the Note Investment Group, Inc. v. Associates First Capital Corp., Successor by Merger to Associates Financial Services Company, Inc.

476 S.W.3d 463 · Court of Appeals of Texas · Sep 24, 2015

It then described the claims as “‘all claims asserted or which could have been asserted,’” which clearly included claims not yet asserted. Id. … —El Paso 1993, no writ) (concluding that a qualified 58 $174,562.50 as payment for the portion of TNIG’s claims that it did not dispute.

Paschall v. Gulf, C. & S. F. Ry. Co.

100 S.W.2d 183 · Court of Appeals of Texas · Nov 7, 1936

This fact was recognized by the county and it entered into negotiations with Railway for the purpose of adjusting with Railway the damage it was clearly entitled to. … The bill of exceptions setting out the argument is not qualified by the court. Counsel who made the argument charges in his brief that it should have been modified in some particulars.

McDonald v. Galt

173 S.W.2d 962 · Court of Appeals of Texas · Jun 4, 1943

Ed Galt died intestate on November 30, 1925, and an administration on the estate being necessary, his said wife qualified as administratrix through proceedings in the Probate Court of Franklin County, on January 28, 1926. … In her answer, as one of the defendants, she admits the allegations made by plaintiffs with reference to the order of the probate court authorizing the sale of the land; and it clearly appears from the pleadings, the answers

Crews v. Texas & P. Ry. Co.

149 S.W.2d 1079 · Court of Appeals of Texas · Feb 28, 1941

Plaintiff did not testify that he remained in the service relying on the promise to provide a guard rail, and we think it clearly appears from his testimony that he did not. … Appeals announced the rule with reference to the period of time within which a servant might continue to rely upon an unfulfilled promise of his master to remedy a defect, as follows: “An exception to the rule of exemption or immunity

McGee v. State

689 S.W.2d 915 · Court of Appeals of Texas · Mar 28, 1985

Instead of trying to dismiss this juror for cause, he qualified him better than the prosecution could have done. … Not only did the prosecutor improperly discredit the defense witnesses, and allege that appellant committed an extraneous offense, but he also injected matters into the argument that were clearly not presented in evidence

State v. Connecticut General Life Insurance Co.

372 S.W.2d 352 · Court of Appeals of Texas · Oct 30, 1963

court erred in not holding that the rate at which appel-lee’s tax should have been computed for the years 1952 through 1957 was 3.3%, and for the year 1959 was 2.2%, because Article 4769, Vernon’s Texas Civil Statutes, clearly … The Dallas Hotel Company Matter “If this Court finds from the evidence presented at the trial that the Dallas Hotel Company se *356 curities held by Plaintiff are qualified Texas securities under Article 3.34, Vernon’s Texas

Anthony, John Dennis Clayton

Court of Appeals of Texas · Aug 10, 2015

The Court’s findings, in the Majority Opinion, are that: 1) “we find the record clearly establishes that the performance of Appellant’s trial counsel was deficient in that it fell below the prevailing … However, the issue must clearly be included 71Anthony v.

Ray v. Gage

269 S.W.2d 411 · Court of Appeals of Texas · May 21, 1954

The court further concluded that it was not established that the answers of the juror would have been different had the alleged statement not been made. … Barker: If the Court please he is not qualified to answer that. “The Court: I sustain the object ion. “Mr.

Zummo Cattle Company v. Millard

482 S.W.2d 17 · Court of Appeals of Texas · May 11, 1972

In passing on appellant Zummo’s point that the jury’s answer to Issue No. 18 is so contrary to the overwhelming weight and preponderance of the evidence as to be clearly wrong, we must consider all of the evidence, both that … The parol evidence rule is the rule which, “upon the establishment of the existence of a writing intended as a completed memorial of a legal transaction, denies efficacy to any prior or contemporary expressions of the parties