Case law

Cree v. Miller

255 S.W.2d 565 · Court of Appeals of Texas · Jan 23, 1953

The objection did not point out what elements had been omitted from special issue No-. 7 or what other issues were necessary to establish appellants’ liability. … In our opinion, the findings of the jury are not so against the weight and preponderance of the evidence as to be clearly wrong and to require the case to be remanded for another trial.

Moody v. Kimball

173 S.W.2d 270 · Court of Appeals of Texas · Jun 17, 1943

Wool Growers Central Storage Co., Tex.Sup., 166 S.W.2d 904 , 908: “The plaintiff qualified as a witness regarding market value, and then testified positively that the highest market value of wool of this kind in San Angelo … But we do not agree that absence of a valid warrant or other lawful authority to make the arrest is an essential fact to establish the crime, offense and trespass of “false imprisonment.”

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.

Fibreboard Corp. v. Pool

813 S.W.2d 658 · Court of Appeals of Texas · Aug 28, 1991

This language clearly ties everything under it to the occurrence in question. … No predicate was laid as to where this letter had been kept, and therefore, it did not qualify under the ancient document rule. The point of error is overruled.

Argyle Independent School District ex rel. Board of Trustees v. Wolf

234 S.W.3d 229 · Court of Appeals of Texas · Aug 9, 2007

To qualify as one for whose benefit the contract was made, the third party must show that she is either a donee or creditor beneficiary of, and not one who is benefitted only incidentally by the performance of, the contract … Also, that case was a summary judgment case, in which the issue was whether the district established its defense as a matter of law. Id. at 884-85 . .

Kveton v. Keding

286 S.W. 673 · Court of Appeals of Texas · Mar 25, 1926

Neither Johnson, Matthaei, Stierling, nor Batla qualified as experts on handwritings, and no one of them testified that they had ever seen John Kveton write his name or that they knew his signature. … It is therefore evident that the production of the will in court might have been very material in establishing that John Kveton has signed the same.

Mauritz v. Schwind

101 S.W.2d 1085 · Court of Appeals of Texas · Jan 4, 1937

Based mainly upon the unchallenged statements in the briefs of parties, it clearly appears, at least as an issue, that Schwind *1094 had authority from appellees to do and perform the acts already, mentioned. … a prior or contemporaneous oral agreement which qualifies or varies definite dates of payment which have been fixed by the instrument — as, for example, an agreement that payment may be made after the date specified or postponed

MORENO, VALENTIN Jr.

Court of Appeals of Texas · Sep 22, 2015

clearly established. … but the principle of law has been clearly established.

Smith's Heirs v. Hirsch

197 S.W. 754 · Court of Appeals of Texas · Jul 12, 1917

“Before me, James Harrington, a justice of peace of the county of Harris,in the state of Texas, duly commissioned and qualified, this day came and personally appeared Nathan W. … Smith at her home- at Smith’s Point, which testimony was offered *762 by appellants for the purpose of establishing their allegations of fraud or mistake touching said deed.

Security Bank v. Dalton

803 S.W.2d 443 · Court of Appeals of Texas · Feb 19, 1991

The administrative watch and return of these checks were clearly done by Acker in the course and scope of his employment with the bank. … The above-described loans were clearly taken in connection with the purchase of the sale of a good or service and thus qualify appellees as consumers under D.T. P.A. See Knight, 627 S.W.2d at 388 .

Wehrly v. Humble Oil & Refining Co.

64 S.W.2d 396 · Court of Appeals of Texas · Jun 2, 1933

Weir for the 113 acre survey as established by records of the Land Office. “5. Lost deed from Weir to Wehrly. “6. Lost deed from R. L. Weir to Peter Seibel. “7. Mesne conveyances from R. L. … Mills was at that time the duly qualified and acting surveyor of the Brazoria district.)

Lewis v. Heath

12 S.W.2d 641 · Court of Appeals of Texas · Nov 28, 1928

The trial court qualified the bill of exceptions, saying, in part, there was no specific evidence of a default in the payment of interest; no evidence of forfeiture, except that contained in the certificate of the acting … In that case, as in this, it does not affirmatively appear that the trial court, in rendering judgment, considered the certificate as establishing the forfeiture.

Traders & General Ins. Co. v. Wright

95 S.W.2d 753 · Court of Appeals of Texas · Apr 10, 1936

They deny, or else necessarily qualify, and thereby provide an exception to, the rule that mere evidentiary facts shall not be submitted as issues.” … The issue of total disability was one which Wright had the burden of establishing. Upon his alternative claim, he likewise had the burden of establishing partial disability.

O. v. P.

560 S.W.2d 122 · Court of Appeals of Texas · Dec 22, 1977

Tex.R.Civ.P. 372 clearly sets out the proper procedure whereby a party may make a bill of exception for proper inclusion in the appellate record. … In reversing and remanding the case, the court wrote: "This court ... knows of no rule that permits a court arbitrarily to refuse to permit a child of proper age and otherwise qualified to testify when one of the parties

Pollard v. State

392 S.W.3d 785 · Court of Appeals of Texas · Oct 11, 2012

Clearly, Pollard’s complaints about the evidence obtained from his saliva and the cell phone are premised on his assumption that the DNA evidence obtained from the cup and spoon from the “detox cell” is inadmissible as an … An offense qualifies as a lesser-ineluded offense of the charged offense if: (1) it is established by proof of the same or less than all the facts required to establish the commission of the offense charged; (2) it differs

Finn v. Finn

658 S.W.2d 735 · Court of Appeals of Texas · Sep 6, 1983

I agree that his testimony was hearsay, but it met a well established exception to the hearsay rule, and thus was admissible evidence. Mr. … Under these facts, the trial judge was clearly justified in charging the wife, the last party in possession, with the gold coins. See Arrington v. Arrington, 613 S.W.2d 565 (Tex.Civ.App.

Grotti v. Belo Corp.

188 S.W.3d 768 · Court of Appeals of Texas · Mar 9, 2006

The allegations of euthanasia in the broadcast are clearly attributable to third parties, not Williams and WFAA-TV. … Keith Ward: I don’t think any — any qualified professional has ever found that any part of her psychological make up has in any way has interfered with her ability to treat patients.

Anthony Pools v. Charles & David, Inc.

797 S.W.2d 666 · Court of Appeals of Texas · Aug 9, 1990

The affidavit fails to qualify under any of the “hearsay exceptions” of Rule 803, and could only be admissible under Rule 806 for the purpose of impeachment. … AH of this was clearly error amounting to such a denial of the rights of appellant as was reasonably calculated to cause and probably did cause rendition of an improper judgment. Tex.R.App.P. 81(b)(1).

Green v. Dickson

208 S.W.2d 119 · Court of Appeals of Texas · Jan 8, 1948

Wallace was appointed as successor in the event of his death, resig--nation, or failure to qualify. … It is the established rule that, iiu determining whether an aged testator has. sufficient mental capacity to make a valid!

Paselk, Ex Parte Carol

Court of Appeals of Texas · Jan 30, 2015

No Veterinary evaluation was done of any horse BEFORE they were taken from the farm to establish the true condition of any horse BEFORE it was taken. II. … I wouldn't know if it was a qualified no or 24 absolutely no. 25 Q. Because you weren't there for that? KAYLA R.