Case law

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.

Stamper v. Worford

798 S.W.2d 573 · Court of Appeals of Texas · Apr 4, 1990

Therefore, we hold that the trial court’s jurisdiction was properly invoked within the time period established by the Texas Family Code. … Clearly, the burden is on the movant to adduce evidence of the changed circumstances. Bergerac v. Maloney, 556 S.W.2d 586 (Tex.Civ.App.— Dallas 1977, writ dism’d w.o.j.).

City of Beaumont v. Kane

33 S.W.2d 234 · Court of Appeals of Texas · Nov 28, 1930

The facts of this case bring it clearly within tbis rule and clearly take it out of the rule contended for by appellant. Thus, as testi-Sed by Mrs. … This testimony alone establishes a loss of $100 a month, which would amount to at least $5,000 from the date of the injury up to the present .time.

Central Nat. Bank v. Dallas Bank & Trust Co.

66 S.W.2d 474 · Court of Appeals of Texas · Nov 4, 1933

Dallas Trust & Savings Bank qualified as such trustee, and has since continuously administered the trust. … Appellants also plead that their respective charters have never been forfeited, and the evidence establishes this allegation as a fact. There are two primary questions to be considered on this appeal.

Aleman v. Tex. Med. Bd.

565 S.W.3d 26 · Court of Appeals of Texas · Mar 2, 2017

. § 193.005(h). 2 The Texas State *29 Registrar 3 has established the Texas Electronic Registrar (TER) system for recording birth and death certificates. … The evidence presented at the contested-case hearing established that Aleman did not electronically submit the medical certification for J.S.'

Public Utility Commission of Texas v. Southwestern Bell Telephone Co.

112 S.W.3d 221 · Court of Appeals of Texas · Jul 11, 2003

SWBT argues that it has a statutory right to charge the current amount and enjoys statutory immunity from the Commission’s inquiry or attempts to reduce that amount, citing PURA section 58.025(a). … By requiring that the hearing be conducted by an Administrative Law Judge supplied by SOAH and an attendant proposal for decision, the Commission clearly indicated its intention to conduct a contested-case hearing aimed at

Mathis v. Pridham, Receiver

1 Tex. Civ. App. 58 · Court of Appeals of Texas · Oct 27, 1892

he was appointed receiver of all the property of said corporation by the District Court of Victoria County on the 16th day of April, 1884, at the suit of Ayres & Cannon et ah, creditors of that company; that he had duly qualified … They had the right to attach conditions to their subscriptions (Cook on Stock and Stockholders, 83), and this was clearly one by which the amount of money they were to pay and the amount of stock they were to receive was

Indemnity Ins. Co. of North America v. Bailey

50 S.W.2d 484 · Court of Appeals of Texas · Apr 21, 1932

Inferences to be drawn from evidence of this character were stated clearly by the Commission of Appeals in Standard Accident Ins. Co. v. Williams (Tex. Com. … The court qualified this bill with the statement that “the proof showed, as per statement of facts, that said X-ray picture was identified.” The statement of facts fully supports the court’s qualification.

Fireman's Fund Insurance Company v. McDaniel

327 S.W.2d 358 · Court of Appeals of Texas · Sep 9, 1959

The error in the counterpoint, which we overrule, is clearly disclosed in Stark v. Super-Cold Southwest Co., Tex.Civ.App., 239 S.W.2d 402 , mand. overruled. … We discuss these last two points together but in obeisance to the established-law and consequent reluctance of the courts to declare a statute unconstitutional only where clearly necessary to a decision of a case, we first

House v. Stephens.

198 S.W. 384 · Court of Appeals of Texas · Oct 26, 1917

Kelsey, and the said Kelch was then appointed executor of said will, and was duly qualified as such. … No. 2 because same is on the weight of the evidence, in that it assumes the existence of facts which were not established by uncon-tradicted evidence.”

Grant, Jaqualien

Court of Appeals of Texas · Dec 2, 2015

articulate why the verdict is so much against the great weight of the evidence as to be "manifestly unjust, conscience-shocking, or clearly biased." See id. … See id. at 468. : 14  Likewise, the extraneous-offense testimony the State presented at trial is sufficiently distinctive and similar to the charged offenses to qualify as

Bingham v. Johnson

7 S.W.2d 665 · Court of Appeals of Texas · Apr 26, 1928

Warren and Amanda Whitfield; that while, subsequently, the administrator's deed was held invalid, yet the claims and lien indebtedness for the payment of which the administrator's sale was made was established and foreclosed … We think from her statement as to her knowledge of the plant and its value she was clearly incompetent to give the testimony objected to by appellant, and the trial court erred in not sustaining appellant's objection.

Allen v. United of Omaha Life Insurance Co.

236 S.W.3d 315 · Court of Appeals of Texas · Oct 25, 2007

Blackmon, 553 S.W.2d 623, 624 (Tex.1977) (“[T]he effective conveyance of ... an expectant interest is clearly permissible.”). … Rule 3.08 provides that a lawyer shall not continue or accept employment as an advocate before the tribunal if the lawyer knows or believes that the lawyer is or may be a witness necessary to establish an essential fact on

Simms v. Southern Pipe Line Co.

195 S.W. 283 · Court of Appeals of Texas · Apr 27, 1917

that there is or ever has been any privity between him and the plaintiff with reference to said contracts; and he denies that the estate he took in his purchase from the defendant West in the said two tracts was limited or qualified … Another feature which clearly distinguishes these eases from the one before us is that there is no question in the cited cases that the defendants had executed the ■contracts sued on.

Sandmeyer v. Dolijsi

203 S.W. 113 · Court of Appeals of Texas · Mar 22, 1918

Herbert, appointed ■ Stephen Herbert administrator of said estate, and he duly qualified as such. “(6) On May 22, 1877,' the county court of Colorado county, Tex., in the succession of C. C. … We think the recitals in the order and deed admitted in this case were clearly admissible for the purposes stated. [2] Complaint is also made under appropriate assignments of error of the Introduction in evidence of the petition

Gardner v. Dorsey

272 S.W. 266 · Court of Appeals of Texas · Apr 9, 1925

He had about $15,000 which he desired to invest in some established business and to secure employment with the business in which he invested. About March 8, 1922, he met Gardner. … as the mere expression of his own opinion, but affirms it as an existing fact material to the transaction, so that the other party may reasonably treat it as a fact, qnd rely and act upon it as such, then the statement clearly

Morgan v. Morgan

795 S.W.2d 835 · Court of Appeals of Texas · Aug 29, 1990

The record clearly demonstrates that a certificated security is the subject of this litigation. Therefore, subsection (2) cannot form the basis for the trial court’s ruling. … Edwards qualified as a financial intermediary as defined in section 8.313(d), there is no contention or evidential indication that the stock certificates were specially endorsed to or issued in the name of the purchaser.

Texas Mexican R. Co. v. Bunn

264 S.W.2d 518 · Court of Appeals of Texas · Dec 9, 1953

This statement was, however, qualified upon the • trial and it rather definitely appears that the engine was within his normal range of vision for some distance back, as he approached the track. … The testimony of these witnesses referred to, tended to establish the following: (a) that upon occasions, near- the time of the collision here involved, the flasher lights at the crossing had not been in operation when a

Commonwealth of Mass. v. Davis

160 S.W.2d 543 · Court of Appeals of Texas · Feb 18, 1942

All of these geophysical methods indicate clearly the presence of an immense Dome, and practically all of the 10,000 acres under lease are located on the Dome proper. … Such facts are analogous to and bring the case within the established rule that where wrongful attachment or garnishment results in depriving the defendant of the use of property or the closing up of his business, he is “

Chesser v. LifeCare Management Services, L.L.C.

356 S.W.3d 613 · Court of Appeals of Texas · Aug 31, 2011

Beyler may be qualified in fire research, but his testimony in this case lacks objective, evidence-based support for its conclusions”); City of San Antonio v. … In Able , the documents executed between the parties “clearly contemplate[d] an economic gain that could [have been] realized by undertaking the activities in the [pooling] manner.” Id.