Case law

Rothermel v. Duncan

365 S.W.2d 398 · Court of Appeals of Texas · Feb 7, 1963

The testimony clearly raises the issue of undue influence, Long v. Long, supra. … “You are further instructed that undue influence can be established by circumstantial as well as by direct evidence.

Whitfield, Ronald Dwayne

Court of Appeals of Texas · Oct 23, 2015

It was not good nor right FOR HIS OWN HEALTH sake, but He was determined to qualify for His Office so as to accomplish His mission. He was Justified. 88. … Well, today people clearly know that they ought not (morally) and"should" not (imperatively) smoke "cigarettes" but they do smoke them anyway. 92.

Dotson v. State

146 S.W.3d 285 · Court of Appeals of Texas · Sep 2, 2004

To establish an abuse of discretion, the defendant must show that he was actually prejudiced by counsel’s inadequate preparation time. Id. … An object qualifies as a deadly weapon if the actor intends a use of the object in which it would be capable of causing death or serious bodily injury. Id.

Missouri Pacific Railroad Company v. Rose

380 S.W.2d 41 · Court of Appeals of Texas · May 28, 1964

have viewed the evidence most favorably to the plaintiff and only that favorable to her, and where we discuss whether the jury’s answers are so against the overwhelming weight and preponderance of the evidence as to be clearly … Tonn’s testimony absolutely establishes the speed of the automobile. Hood v. Texas Indemnity Co., 146 Tex. 522 , 209 S.W.2d 345 ; Metropolitan Life Ins. Co. v.

Prince Line, Ltd. v. Steger

210 S.W. 223 · Court of Appeals of Texas · Jun 13, 1918

Indeed, under the case as made, it seems to me he clearly admitted himself to be so bound as to that shipment and left nothing touching his responsibility for it to go to the jury. … Warriner quoted by the court that he did not “hold the boat here at anybody’s request” must be read as. qualified by Mr.

Holden v. State

1 Tex. Ct. App. 225 · Court of Appeals of Texas · Jul 1, 1876

Say the court in the opinion last quoted from: “ When the facts in evidence shall conduce to establish that the defendant may be guilty of something less than that with which he is charged, where the offense admits of degrees … If a subsequent' statute be not repugnant in all its provisions to a prior one, yet, if the later statute was clearly intended to prescribe the only rule which should govern, it repeals the former one. 3 How. 636 .

Yellow Cab & Baggage Co. v. Green

268 S.W.2d 519 · Court of Appeals of Texas · Apr 16, 1954

It is clearly not defective as wrongfully instructing the jury. If any fault exists in it at all it would be because of its insufficiency to protect a defensive right of the appellant. … Ponder case, supra, when he stated that he disagreed with the Beaumont Court of Civil Appeals which appears to have relied upon such as an established principle.

LeaAnne Klentzman and Carter Publications, Inc., D/B/A the West Fort Bend Star v. Wade Brady

456 S.W.3d 239 · Court of Appeals of Texas · Dec 22, 2014

(identifying Texas’s statutory fair report privilege as “a qualified or conditional privilege”). … The Star asserted the qualified privilege based on Civil Practice and Remedies Code section 73.002(b)(1)(A) and (b)(2).

Biswell v. Gladney

182 S.W. 1168 · Court of Appeals of Texas · Jan 26, 1916

Hence, if you once establish logically the premise that it is truly equitable, between the grantor and his first grantee, that the land retained by the former should primarily bear the burden, such an equity is fixed, and … Because a vendor’s lien note is negotiable does not afford immunity to subsequent assignees, when the assignment is not of record, if the record embodies an instrument from the original holder of the lien, affecting the land

City of San Antonio v. Spears

206 S.W. 703 · Court of Appeals of Texas · Oct 30, 1918

It appears to us that the act in question shows more clearly than any other statute passed by our Legislature on the subject of street improvements an intention to include all owners, and, if it should be held that married … The Legislature in enacting the charter undertook to change the common law, and to establish, we may infer, a just system for charging individuals who benefit by public improvements with an assessment not in excess of the

Smith v. Thornhill

12 S.W.2d 625 · Court of Appeals of Texas · Dec 19, 1928

There is no assignment that the verdict of the jury answering the special issue was so against the great weight and preponderance of the evidence as to be clearly wrong. … This witness gave the facts-upon which he based his conclusion, showing: that he was qualified, because of his observance of her, to answer the question asked.

Texas Whse. Co. of Dallas, Inc. v. Springs Mills, Inc.

511 S.W.2d 735 · Court of Appeals of Texas · Jun 26, 1974

The identity and mode of preparation of the memorandum or record in accordance with the provisions of paragraph one (1) may be proved by the testimony of the entrant, custodian or other qualified witness even though he may … The qualification of an expert witness is addressed to the sound discretion of the trial court, and his ruling thereon will not be disturbed unless it appears that his ruling is clearly erroneous. See Foley Bros.

Markum v. Markum

210 S.W. 835 · Court of Appeals of Texas · Mar 12, 1919

This definition contains several elements, each of which, as above suggested, must be explained and qualified in its practical application. … The appellee cites section 845, vol. 2, Pomeroy’s Equity Jurisprudence: “The first which I shall mention is clearly connected with the doctrine stated in the last paragraph but one.

Ward v. Braun

417 S.W.2d 888 · Court of Appeals of Texas · Aug 31, 1967

Ward established a homestead in Corpus Christi, Texas, in a house which Mr. Ward had purchased prior to their marriage in August, 1965. Mr. … This property being the designated homestead of the deceased and surviving widow, is subject further to the homestead right of the surviving spouse so long as such widow qualifies the property as a homestead.

In the Interest of A.K.

487 S.W.3d 679 · Court of Appeals of Texas · Feb 17, 2016

Although Julia and her husband do not believe in childhood immunizations, they have taken A.K. for all suggested immunizations and will continue to follow Department recommendations. … At worst, there is evidence to establish Father himself committed acts of abuse. See Tex Fam. Code Ann. § 263.307(b)(ll); Holley, 544 S.W.2d at 371-72 .

Mitchell Energy Corp. v. Bartlett

958 S.W.2d 430 · Court of Appeals of Texas · Dec 18, 1997

Robinson, 923 S.W.2d 549 , (Tex.1995), the Texas Supreme Court held that, in addition to showing that an expert witness is qualified to testify under Tex.R. Civ. … An isotope is a unique, naturally occurring "signature” that is almost always present in water, gas, or other substances and is clearly distinct in many circumstances.

Mozee, Stanley Orson

Court of Appeals of Texas · Nov 5, 2015

Nevertheless, the evidence clearly shows that the prosecutor did not show these letters to defense counsel. … The evidence establishes that the prosecutor did not show these letters to either defense counsel.

Taylor Feed Pen Co. v. Taylor Nat. Bank

181 S.W. 534 · Court of Appeals of Texas · Oct 20, 1915

He intended at the time of the purchase to establish his home on some portion of this tract whenever he felt able to build such a house as he desired, and he had not abandoned that intention when the mortgage to appellee … We have no doubt as to the correctness of this holding, *537 where there are no qualifying or limiting facts which would estop the corporation; but, upon further consideration, we have concluded that we fell into error in

State v. Buckner Construction Co.

704 S.W.2d 837 · Court of Appeals of Texas · Dec 5, 1985

Thus, the summary, Exhibit 89, was also qualified for admission. We overrule the third and fourth points of error. … Clearly Lewis was acting as an agent of the State at the time he was auditing Buckner’s books.

Harris v. State

15 Tex. Ct. App. 629 · Court of Appeals of Texas · Mar 26, 1884

D. 1883, Eugene Williams, Esq., the duly elected and qualified county attorney of McLennan county, and the proper law officer of the government of the State of Texas, and the said Eugene Williams, acting for the State of … cause, as to said Colonel Austin, will be dismissed, and that the said Colonel Austin will be used as a witness in said causes (Dec volente)” Colonel Austin was introduced by the State as a witness, and testified to facts clearly