Case law

City of Wichita Falls v. J. J. & M. Taxman Refining Co.

74 S.W.2d 524 · Court of Appeals of Texas · Jun 15, 1934

them at such meeting all said assessment lists, books, etc., for inspection, and see that every person has rendered his property at a fair market value, and shall have power to send for persons, books and papers, swear and qualify … We believe it is clearly deducible from all the decisions that the right of relief from assessments made in violation of the constitutional guaranty of equality of taxation, or the denial of the due process of law clause

Williamson v. State

679 S.W.2d 523 · Court of Appeals of Texas · Mar 14, 1984

Stinson) qualified as an expert forensic oral pathologist, having been certified by the American Board of Forensic Oldontology. Dr. … But this inquiry does not require a court to ‘ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt.’ Woodby v.

In the Interest of J.M.M.

80 S.W.3d 232 · Court of Appeals of Texas · Jun 13, 2002

Adams observed that the children showed no attachment to Marium, did not have a doctor, their immunizations were not current, and J.M.M. had a cold. Adams returned seven days later to find that J.M.M. still had a cold. … Because there is evidence supporting a section 161.001(l)(O) instruction, and because there is legally and clearly and convincingly factually sufficient evidence that Marium violated a relevant court order, we overrule her

Indemnity Ins. Co. of North America v. Williams

69 S.W.2d 519 · Court of Appeals of Texas · Mar 15, 1934

pleading of good cause for not filing claim for compensation within 6 months from the date of the accident, and a filing of the claim within 6 months from the resulting of disability to labor, such as appellee was able and qualified … It would be a monstrous miscarriage of justice, and in the face of well-established rules, to hold that a fact found by a jury stands forever as found, and that courts are conclusively bound by the finding, regardless of

Ford Motor Company v. Russell & Smith Ford Company

474 S.W.2d 549 · Court of Appeals of Texas · Nov 17, 1971

No jury finding is necessary to establish undisputed facts. Wright v. Vernon Compress Company, 156 Tex. 474 , 296 S.W.2d 517, 523 (1956). … The evidence and jury findings herein clearly convict each of the *562 tortfeasors of wrongful conduct which joined and concurred in the bringing about of LaRocca’s injuries.

Eastland County v. Davisson

290 S.W. 196 · Court of Appeals of Texas · Oct 28, 1926

Shortly after the new judge and commissioners qualified, an audit of the county books was made. This suit was originally instituted by appellant against appellee, on the 17th day, of December, 1923. … This rule is fixed, understood, and enforced, and so well established there is no reason for debate or dispute of the proposition.

Thompson v. City of West Lake Hills

457 S.W.2d 398 · Court of Appeals of Texas · Jul 22, 1970

It is not disputed that this bench mark was established by the City of Austin, a governmental agency. … The error in this configuration is readily established. West Lake Drive does not touch the McBrayer tract “3.”

Vann v. Cameron County

124 S.W.2d 167 · Court of Appeals of Texas · Jan 5, 1939

containing approximately 114 acres, same being a strip of land between the Military Road on the north and the Rio Grande on the south, running north and south between parallel lines, which tract is colored in pink and more clearly … of the County Court of Cameron County at Law appointed three disinterested freeholders in said Cameron County to assess the damages under said condemnation, which said Special Commissioners, under date of April 23, 1937, qualified

Polanco, Joe

Court of Appeals of Texas · Sep 10, 2015

"When a record clearly confirms that no reasonable counsel could have made such trial counsel ineffective is not speculation/Weefo at 392 citing Vasquez vs. State, 830 S.W.2d 948, 950-951 (Tex. Crim. … Further, on this record, Polanco has failed to establish he was prejudiced by the alleged error.

Joseph v. Elliott

345 S.W.2d 297 · Court of Appeals of Texas · Mar 8, 1961

acts of the State, and an action against the officials by one whose rights have been invaded or violated by such acts, for the determination and protection of his rights, is not a suit against the State within the rule of immunity … In this State it is well established that when property is taken by condemnation the owner is entitled to just compensation for the taking and that “owner” includes the owner of the fee, a lessee for years and any other person

City of Corpus Christi v. Acme Mechanical Contractors, Inc.

736 S.W.2d 890 · Court of Appeals of Texas · Aug 28, 1987

The statute clearly states that the prime contractor “shall be required ... to execute” the bond. … It is well established that in order for the legislature to waive the State’s sovereign immunity, it must do so by clear and unambiguous language. Duhart v. State, 610 S.W.2d 740, 742 (Tex.1980); Lynch v.

Clayton v. Clayton

308 S.W.2d 557 · Court of Appeals of Texas · Dec 10, 1957

so established. … Even if the opinion of the Court of Civil Appeals did not clearly disclose what is meant by a de novo trial, the authorities generally have so clearly defined the scope of such a trial in a judicial tribunal as to leave no

Ft. Worth & R. G. Ry. Co. v. Bird

196 S.W. 597 · Court of Appeals of Texas · Apr 21, 1917

It thus clearly appears that the amended pleadings and the previous pleadings were not subject to the same defenses, and that there was a clear departure of pleading from the differing laws of one sovereignty, the state, … But by a reading of the opinion it will be seen that it was established ■by the verdict that the cause of action did not arise under the federal Liability Act, and that in our ruling we merely and hesitatingly followed Texas

Meine, Todd

Court of Appeals of Texas · Mar 11, 2015

This would have clearly explained Meine's failure to comprehend his conduct was wrong and render him incapable of conforming his conduct with the law. … Meine further requests that his pleadings be given liberal construction due to the fact that he is not a qualified or professional attorney, nor is he a paralegal.

St. Louis, S. F. T. Ry. Co. v. West

174 S.W. 287 · Court of Appeals of Texas · Jan 9, 1915

We believe the qualifying language “if there be 'no justifying or excusing circumstances,” which concludes the foregoing quotation, suggests a solution of some, at least, of the supposed conflicts between some of the decisions … since the evidence relied on in the two cases to show a license to the public to use the tracks as walkways was substantially the same. [6] But whether or not that conclusion would be correct we do not determine, since, clearly

City of Dallas v. Rosenthal

239 S.W.2d 636 · Court of Appeals of Texas · Apr 13, 1951

It is contended by Rosenthal that the ruling of Hansen, Building Inspector, of August 1944, . construing the term “cold storage” as including his type of business and therefore a continuation of a nonconforming use, was immune … The ruling of the building inspector was not clearly erroneous nor without basis. On the contrary the proposition was doubtful and fairly debatable and the language fairly susceptible to the interpretation given it.

Verhoev v. Progressive County Mutual Insurance Co.

300 S.W.3d 803 · Court of Appeals of Texas · Jul 30, 2009

The second "you" clearly refers to Kimberly as named insured because she is the one asserting a claim for bodily injury. … Those cases, however, do not detract from the policy language that, because she is a named insured, Kimberly qualifies as a "covered person" under her own UM/UIM coverage as a "you." [8] Exclusion A(1) of the UM/UIM motorist

Polanco, Joe

Court of Appeals of Texas · Sep 10, 2015

"When a record clearly confirms that no reasonable counsel could have made such trial counsel ineffective is not speculation,"Weeks at 392 citing Vasquez vs. State, 830 S.W.2d 948, 950-951 (Tex. Crim. … Further, on this record, Polanco has failed to establish he was prejudiced by the alleged error.

Berghahn v. State

696 S.W.2d 943 · Court of Appeals of Texas · Oct 10, 1985

This is the established law of this State and was first recognized in principle in Rodriguez v. State, 548 S.W.2d 26 (Tex.Crim.App.1977). … State, 685 S.W.2d at 41-42 , our determination in the instant case must be based upon the totality of the circumstances established. See McCrory, 643 S.W.2d at 734 .

Texas Employers Ins. Ass'n v. McNorton

92 S.W.2d 562 · Court of Appeals of Texas · Mar 7, 1936

All issues were clearly set forth in the charge, were read to the jury in open court, were before them in their deliberations, and we think as reasonably sensible men the jurors must have known that they were called uppn … The proof showed that appellee was uneducated and not qualified for any service other than manual labor.