Case law

Langford v. Pickens

288 S.W.2d 568 · Court of Appeals of Texas · Mar 14, 1956

Bostick may have had the qualifying share, I presume?’ “His answer was: ‘Yes, sir.’ "The testimony further shows that Mr. Bostick had been in the employ of Mr. … The evidence clearly showed, S.F. 841, that Tom Cooke had been connected with Mr.

Sturdivant v. State

445 S.W.3d 338 · Court of Appeals of Texas · May 14, 2013

Doc Muhammad and Chatman both testified that they received immunity from prosecution in exchange for their truthful testimony in this proceeding. *343 B. … The corroborating evidence need not be legally sufficient in itself to establish the defendant’s guilt. Casanova, 383 S.W.3d at 538 .

Watson v. State

715 S.W.2d 864 · Court of Appeals of Texas · Sep 4, 1986

As the Supreme Court in Mosley pointed out: [A] blanket prohibition against the taking of voluntary statements or a permanent immunity from further interrogations, regardless of the circumstances, would transform the Miranda … In Autry , however, the defendant had clearly exercised his right to cut off questioning by writing “I have nothing else to say” in a handwritten statement and the police failed to scrupulously honor this right by continuing

Diruzzo v. State

549 S.W.3d 301 · Court of Appeals of Texas · Apr 26, 2018

Due consideration, therefore, for the protection of society may well induce the state to exclude from practice those who have not such a license, or who are found upon examination not to be fully qualified.... … We find that the evidence was sufficient to establish that appellant engaged in the practice of medicine.

McKinney v. State

8 Tex. Ct. App. 626 · Court of Appeals of Texas · Jul 1, 1880

To all intents and purposes his application was a second one, and clearly defective. … any fact essential to be proved, if they tend legitimately to establish such fact, and they are competent to establish the existence of motive as any other fact.

In re the Commitment of Short

521 S.W.3d 908 · Court of Appeals of Texas · Jun 8, 2017

Short’s sister testified that she has a plan to help her brother establish supportive relationships with the community upon his release. … The primary reason for her conclusion that Short does not have a behavioral abnormality was that in her opinion, Short does not have a qualifying condition. 8.

Pedernales Electric Cooperative, Inc. v. Public Utility Commission

809 S.W.2d 332 · Court of Appeals of Texas · May 8, 1991

Cassin then stated his position — he wanted to reestablish the voltage differential and to establish seasonal rates. … Varón did testify under a subpoena, after being assured of protection and immunity by a court. The testimony began in Wichita Falls, the hearing was then moved to Austin, then to Dallas.

St. George v. State

197 S.W.3d 806 · Court of Appeals of Texas · May 25, 2006

His mother responds clearly that his name is “Jeffrey Michael.” 11:51 Deputy Young asks Appellant, “What’s wrong?” … The message that Appellant was being detained until he identified himself was clearly conveyed.

Rayon v. Energy Specialties, Inc.

121 S.W.3d 7 · Court of Appeals of Texas · Dec 19, 2002

A defendant is entitled to traditional summary judgment if the summary judgment evidence establishes, as a matter of law, that at least one element of a plaintiffs cause of action cannot be established. … Clearly, this argument does not raise a material issue of fact that Energy Specialties was negligent.

Roel David Gonzalez v. State

522 S.W.3d 48 · Court of Appeals of Texas · May 16, 2017

App. 2000).4 “[S]tate and federal rulemakers have broad latitude under the Constitution to establish rules excluding evidence from criminal trials.” Holmes v. South Carolina, 547 U.S. 319, 324, 126 S. … of four; and to a prior aggravated perjury before a Travis County grand jury, to which he was not immune.

SPRING BRANCH SAVINGS & LOAN ASS'N v. Gerst

420 S.W.2d 618 · Court of Appeals of Texas · Oct 18, 1967

Yeager, who qualified as an independent economic expert. It was shown that Dr. … Appellant during this period had established one branch office in Houston which had been a profitable operation.

Triangle Cab Co. v. Taylor

190 S.W.2d 755 · Court of Appeals of Texas · Jul 12, 1945

The allegation of impaired capacity is to `earn money at her ordinary occupation, or any other for which she is qualified during the balance of her future life.' … When misconduct is established, the question of injury is one of law for the reviewing court.

Worthington v. Suehs

93 S.W.2d 220 · Court of Appeals of Texas · Mar 11, 1936

On December 5, 1935, the receiver qualified by filing his oath and bond; and thereafter, on December 23, 1935, returned to the court an inventory disclosing the numerous items of personal property taken into his possession … In these respects, and as to this portion of the order, the court clearly acted without jurisdiction.

Morriss-Buick Co. v. Pondrom

84 S.W.2d 272 · Court of Appeals of Texas · May 11, 1935

The mere fact that one attorney, qualifying as an expert and testifying that a fair and reasonable attorney’s fee is $350, does not, in my opinion; establish a liquidated amount such as a court or jury are required to accept … Clearly, it was within the province of the jury in the instant case to award an amount as exemplary damages as in its discretion the exigencies of the case demanded.

Lewis v. Gamble

113 S.W.2d 659 · Court of Appeals of Texas · Feb 4, 1938

After qualifying to testify, he was asked: “Q. … This assignment should be sustained and the case returned to the trial court where it may be tried upon properly amended pleadings, and more clearly developed testimony.

Amboree v. Bonton

575 S.W.3d 38 · Court of Appeals of Texas · Mar 5, 2019

They argued in their motion that any claim relating to the July 2010 meeting "is clearly barred by the four[-]year statute of limitations" provided by the residual limitations statute. … ("Academy [charter school] established in its summary-judgment motion that Johnson, as superintendent and board director, owed Academy a fiduciary duty and that he had responsibility for and control over Academy's management

Amarillo Nat. Life Ins. Co. v. Brown

166 S.W. 658 · Court of Appeals of Texas · Mar 7, 1914

This qualified the agent to impart information in respect to those things which were to be done by him. … said: “The powers of the agent are prima facie coextensive with the business intrusted to *664 Ms care, and will not be narrowed by limitations not communicated to the person with whom he deals. * * * An insurance company, establishing

McHenry v. Bankers' Trust Co.

206 S.W. 560 · Court of Appeals of Texas · Jun 20, 1918

Glasscock was appointed and qualified as receiver of said properties. … It is our opinion that the real material issues which we are called upon to determine are but few, which we think are ably and clearly discussed and covered by suggestions of appellees in their brief, which we here adopt

Spencer v. Thorp Springs Christian College

41 S.W.2d 482 · Court of Appeals of Texas · Mar 28, 1931

Holton, alleged to have been at the time the “duly elected, qualified and empowered president” of the college. … W. 429, 432 , the court, among other things, said: “It clearly appears that the directors of the Telephone Company had never authorized Mrs.

Combs v. Howard

131 S.W.2d 206 · Court of Appeals of Texas · Jun 2, 1939

When it is once established that the testator destroyed or caused his will to be destroyed, the legal presumption arises that he did so for the purpose of revoking it. … Clearly, by the terms mentioned, there had been some kind of agreement or contract between testatrix and her deceased husband, by which she felt obligated to pass the property as she did.