Case law

Miller v. Esunas

401 S.W.2d 150 · Court of Appeals of Texas · Mar 17, 1966

It is appellant's contention that the significance of a core hole is that it is a geological factor in establishing a geological "high." … Appellee's answer to appellant's *157 request No. 5 clearly shows that appellee fully disclosed his lack of knowledge to appellant. Appellant's Points 1 and 2 are without merit and are overruled.

Guardian Development Co. v. Jones

86 S.W.2d 466 · Court of Appeals of Texas · Jun 22, 1935

Joe Burt,'a few qualifying shares being held by Mr. Reid, secretary. … I think plaintiff’s damage was indisputably established, and that the majority is in error in holding that plaintiff’s, damage is “sentimental.”

American National Bank of Beaumont v. Biggs

274 S.W.2d 209 · Court of Appeals of Texas · Mar 11, 1954

The situation in the instant case clearly indicates that the adjudication was primarily for the benefit of the entire trust, although as an incident thereof respondent and plaintiff both asserted rights which if recognized … They would have established their right to monthly royalty payments, and they defended against their own personal liability for repayment of past royalties already paid out.

Commercial Acceptance Trust v. Parmer

241 S.W. 586 · Court of Appeals of Texas · Feb 4, 1922

Very clearly the seizure of the plaintiffs’ plow animal or work horse in this case would be very poorly compensated for by the payment of interest for the time which they had been deprived of them, and then only, but it is … It is acknowledged only upon the condition of the liability under the latter being established, and is enforceable only in that event.” See article 7097, Civ. Statutes.

Pettus v. Pettus

237 S.W.3d 405 · Court of Appeals of Texas · Oct 25, 2007

The trial court’s February 23, 2005 letter indicating that it was awarding the companies to Jo Ann was clearly interlocutory. See Goff v. … Therefore, the arbitrators would clearly have been able to bring the same action in their own names, either in the same proceeding or independently.

In re Stalder

540 S.W.3d 215 · Court of Appeals of Texas · Jan 9, 2018

County Democratic Party to place her on the 2018 Democratic Party primary ballot for the office of judge of the 280th Judicial District Court. 1 Despite the fact that Stalder's application included enough signatures to qualify … Secretary of State's informal guidance provided to party officials interpreting it. 12 A writ of mandamus will issue to compel an officer of a political party to perform a ministerial act. 13 "An act is ministerial when the law clearly

Minton v. Gunn

301 S.W.3d 702 · Court of Appeals of Texas · Jan 15, 2010

court's exercise of subject matter jurisdiction over Minton's state legal malpractice claim is consistent with congressional judgment regarding the proper division of labor between state and federal courts, the answer is clearly … The "fact-bound and situation-specific" aspect of the Majority Opinion's analysis is clearly incorrect.

Lone Star Gas Company v. Murchison

353 S.W.2d 870 · Court of Appeals of Texas · Jan 5, 1962

And, as in the case of wild game, a qualified property in an individual may be acquired by catching and confining fish within a private pond so they cannot escape. … Thus the decision is clearly in the public’s interest, in that it removes a. prospective hinderance to the utilization of exhausted gas fields for storage-reservoirs.

Bartlett v. Terrell

292 S.W. 273 · Court of Appeals of Texas · Jan 26, 1927

with appellees be enforced as a trust or a contract, which agreement set apart one-half of the grandmother’s estate to appellant, and in case that could not be done then that his interest in his grandfather’s estate be established … Terrell qualified as independent executrix of the will, but in compliance with the terms of the will she sought the counsel and advice of Frederick Terrell, her son, and Edwin H.

McCombs v. Abrams

28 S.W.2d 584 · Court of Appeals of Texas · Feb 8, 1930

Paul McCombs never qualified by law as community survivor, so at most he had only an equitable right to dispose of the community property, Speer's Law of Marital Rights in Texas (3d Ed.) paragraph 693, Davis v. … trust, agreed to by Paul McCombs, and both known to and acknowledged as having been in fact established by W.

Cobb v. Texas N. O. R. Co.

107 S.W.2d 670 · Court of Appeals of Texas · May 22, 1937

and never moved from the time he was first seen by the fireman and head brakeman until he was struck by the engine, together with the fact that, immediately after the collision, his body was still warm and relaxed, would clearly … The witness attempted to qualify as an expert, that is, he was a person, who, by reason of his superior knowledge, possessed a higher degree of knowledge in the matter of stopping trains in emergencies, than the members of

Voth v. Felderhoff

768 S.W.2d 403 · Court of Appeals of Texas · Mar 16, 1989

The jury’s answers to the special issues also established that a de facto partition had already been effected regarding the Holland Place property. … It was undisputed that this motion could not be considered as a motion for new trial (it was not timely filed), nor could it be treated as a bill of review (it did not contain the allegations required to qualify it as such

Little Motor Kar Co. v. Blankenship

228 S.W. 318 · Court of Appeals of Texas · Jan 22, 1921

alleged that the trustees against whom plaintiffs had alleged fraud in methods of organization and management, unconscionable manipulation in stock selling, looting of funds, etc., had already resigned, that a lawful and qualified … established sufficient reasons which may arise’subsequent to the order of appointment, and become coexistent with such grounds as the other two alleged for vacating the order in this case.

Dunn v. Epperson

175 S.W. 837 · Court of Appeals of Texas · Feb 18, 1915

Epperson qualified as general executors and E. S. Epperson qualified as executor for the special purpose stated. … Epperson, deceased," clearly is not tenable. Provisions in the will of said B. H. Epperson, deceased, appointing said Russell and R. B. Epperson executors, were construed in Epperson v. Reeves, 35 Tex. Civ.

Bonner & Eddy v. Moore

3 Tex. Civ. App. 416 · Court of Appeals of Texas · May 10, 1893

. *423 But the rule is qualified by exceptions. … The petition is clearly sufficient as against a general demurrer.

G.M.P., Matter Of

909 S.W.2d 198 · Court of Appeals of Texas · Sep 21, 1995

Clearly, sexual assault of a child encompasses each of these definitions. … The purpose of allowing reputation testimony is to establish that it is improbable that the accused committed the crime. Appellant was harmed because he was denied this opportunity.

Alcorn, Damien Lamont

Court of Appeals of Texas · Sep 1, 2015

A charge of perjury is a serious accusation and must· be clearly supported by the evidence. Haywood v. State, 507 S.W.2d 756, 760 (Tex. Crim. App. 1974). … The Fourteenth Court of Appeals also addressed the applicant's claim that the trial court erred by allowing the State to grant use immunity to his accomplice.

Dallas Electric Co. v. Mitchell

33 Tex. Civ. App. 424 · Court of Appeals of Texas · Nov 7, 1903

Eeardon, as receiver, duly appointed and qualified, and hence no cause of action is shown against it. … The question here complained of was clearly leading, and the answer thereto the expression of the opinion of the witness, and should have been excluded.

Lipscomb v. Randall

985 S.W.2d 601 · Court of Appeals of Texas · Mar 18, 1999

The presumption of innocence disappears with the conviction, even though the officer may ultimately succeed in establishing his innocence. … The Austin Court of Appeals has clearly noted the distinction that is missing from the majority's opinion: In an ordinary appeal, the appellate court either affirms or reverses the judgment of the trial court.

Austin v. Guaranty State Bank of Copperas

300 S.W. 129 · Court of Appeals of Texas · Sep 29, 1927

The record further shows that said court appointed a receiver therefor and that said receiver immediately qualified. … untenable or to an extent clearly unreasonable.”