Case law

Magcobar North American v. Grasso Oilfield Services, Inc.

736 S.W.2d 783 · Court of Appeals of Texas · Jun 30, 1987

Grasso further offered to pay for all costs of laying pipelines, pumps, and other necessary equipment, to comply with all governmental and corporate regulations, to carry adequate insurance, and to use qualified staff. … For instance, John Bagley testified that sales of up to 700,000 gallons of diesel fuel per month were possible, though this was qualified by saying that some months would have sales below 500,000 gallons.

Waters-Pierce Oil Company v. State

47 Tex. Civ. App. 162 · Court of Appeals of Texas · Jun 28, 1907

And in addition thereto, the fact was established that Dorchester, as receiver, had qualified, and that he was in actual possession of the property of the Waters-Pierce Oil Company situated within the State, and that the … A proceeding having for its purpose these objects, is clearly one in remj and if the terms of the statute are invoked to accomplish all the purposes authorized, a seizure of the property is absolutely essential, and the way

In Re McLaren's Estate

221 S.W. 1045 · Court of Appeals of Texas · Apr 17, 1920

The confessions in question were clearly inadmissible to prove any fact or circumstance which tended to show that appellant “was directly or indirectly the instigator of the death of her husband,” and the court was not authorized … The affidavit was the ex parte statement of the affiant, Lowe, hearsay evidence when considered in reference to this case, and neither it nor the judgment established any fact or circumstance upon which a correct judgment

Commissioners Court of Harris County v. Fullerton

596 S.W.2d 572 · Court of Appeals of Texas · Jan 31, 1980

He is required to take the usual official oath of office, and also an additional oath, in writing, stating he is in every way qualified under the provisions and requirements of the law relating to his office, the positions … The testimony of the county auditor shows that he annually submits his budget to the district judges for their inspection and approval as an established administrative practice.

Cordova v. State

6 Tex. Ct. App. 207 · Court of Appeals of Texas · Jul 1, 1879

For each district, there shall be elected by the qualified voters thereof, at a general election for members of the Legislature, a judge, who shall be at least twenty-five years of age, shall be a citizen of the United States … All acts of the Legislature must be sustained by the courts, unless they are clearly and undoubtedly repugnant to the Constitution.

Wynn v. Mendoza

287 S.W.2d 217 · Court of Appeals of Texas · Feb 2, 1956

That an enclosure is formed by casual fencing does not in and of itself establish the use and occupancy of the enclosure to be non-advérse. … That it does is intimated in some of the cases, but. we find no direct authority for the proposition and do not consider it established. See Peveto v.

Biederman v. Brown

563 S.W.3d 291 · Court of Appeals of Texas · Aug 14, 2018

Likewise, whether undisputed evidence of jurisdictional facts establishes a trial court's jurisdiction is a question of law. Id. … Biederman also argues that the Budd Deposition qualifies as a "court record" because it was unfiled discovery subject to Rule 76a(2)(c). The Texas Attorney General filed an amicus brief in support of this argument.

Forest Oil Corp. v. El Rucio Land & Cattle Co.

446 S.W.3d 58 · Court of Appeals of Texas · Jul 24, 2014

Reading the plain language of these provisions shows that they are intended to provide a property owner, or other qualified party, with an additional remedy. … “[E]vident partiality is established from the nondisclosure itself, regardless of whether the nondisclosed information necessarily establishes partiality or bias.” TUCO, 960 S.W.2d at 636 .

V. Mueller & Co. v. Corley

570 S.W.2d 140 · Court of Appeals of Texas · Jul 27, 1978

A product defect may be established by circumstantial evidence. Darryl v. Ford Motor Co., 440 S.W.2d 630 (Tex.1969). … Gerow, which was permitted to go before the jury, clearly reflects his view that a rupture in a seamless prosthesis implant would likely have been the result of a nick or puncture occurring during the surgical process.

Sciscoe v. Texas)

519 S.W.3d 171 · Court of Appeals of Texas · Jun 1, 2015

Nor does it mean that Appel-lees are somehow immune from liability for damages they may have caused just because they have a regulatory permit. … This statutory provision, however, clearly relates to the regulation or abatement of a nuisance, not the recovery of monetary damages resulting from a nuisance.

McKinley v. Salter

136 S.W.2d 615 · Court of Appeals of Texas · Nov 2, 1939

It is our opinion that the County Court has jurisdiction and power to order a duly qualified temporary guardian of the estate of a minor to sell an undivided interest in land. Shumard v. … R. 913, clearly and amply states out view of the law involved.

Dial v. Martin

37 S.W.2d 166 · Court of Appeals of Texas · Jan 21, 1931

Dial, in which he details conversations he had with third parties, was clearly inadmissible upon the ground of hearsay. … As a matter of law, she could only qualify as executrix under the general statute, and her subsequent conduct established the fact that she did act as executrix, although she signed the deed as independent executrix.

Jackson, Jarquis D.

Court of Appeals of Texas · Mar 25, 2015

The Supreme Court held that the tip was insufficient to establish reasonable suspicion. Id. at 271-72. … In a single issue, the State establish reasonable suspicion.

State v. Lone Star Gas Co.

86 S.W.2d 484 · Court of Appeals of Texas · Jul 10, 1935

At most the evidence merely presented the difference of opinions of equally well-qualified experts. … The following authorities show clearly the impropriety of allowing going concern value under the facts of the instant case. Los Angeles Gas Electric Corp. v. R. R.

Whitworth v. State

1 Tex. L. R. 161 · Court of Appeals of Texas · Jun 15, 1882

Cook (17 Wall., 174 ), to require that “every ingredient of which the offense is composed must be accurately and clearly alleged.” In United States v. … The meaning is that every citizen shall hold his life, liberty, property and immunities under the protection of the general rules which govern society.

Rowe v. Rowe

887 S.W.2d 191 · Court of Appeals of Texas · Dec 14, 1994

Despite his contention in his postsubmission brief that he “clearly wanted to continue the business of Lido and maintain his interest in the company,” Richard’s own testimony established the contrary — he wanted Lido dissolved … However, the rule is qualified by then stating that “the court’s charge shall not be objectionable on the ground that it incidentally constitutes a comment on the weight of the evidence....” Id.

Texas Employers' Ins. Ass'n v. Clack

112 S.W.2d 526 · Court of Appeals of Texas · Nov 8, 1937

It is apparent that this issue was submitted for the benefit of the plaintiff in order that he might recover in the event he failed to establish permanent disability. … If there was any error, the defendant clearly invited it.

Brownwood Oil Mill v. Stubblefield

53 Tex. Civ. App. 165 · Court of Appeals of Texas · Jan 7, 1909

Labat (vol. 1, sec. 235), says': "The servant’s right to maintain an action on the ground of the nonperformance of the duty of instruction or warning depends upon his ability to establish the following propositions: "(1) … We think the undisputed facts bring this case clearly within the above rule making the issue one for the court and not for the jury.

Halsell v. Scurr

297 S.W. 524 · Court of Appeals of Texas · May 7, 1927

The rule to be applied in such cases in courts of this jurisdiction is thus forcibly and clearly stated by Chief Justice Phillips in the case of Hooks v. Bridgewater, 111 Tex. 122 , 229 S. W. 1114 , 15 A. L. … Just what facts will be sufficient to establish such fraud are not and cannot be stated in advance.

American Nat. Ins. Co. v. Hicks

198 S.W. 616 · Court of Appeals of Texas · Oct 27, 1917

evidence shows that about four months before the making of said application the assured suffered an attack of renal colic; but we are not prepared to agree with the contention of appellant and say that the undisputed evidence established … The statement allowed was but the conclusion of the witness, and there is no pretense that she was qualified to speak as an expert.