Case law

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

In the Interest of W.D.H.

43 S.W.3d 30 · Court of Appeals of Texas · Feb 15, 2001

involuntary termination of parental rights: No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified … (stating that to support termination, both elements must be established).

Gamer Co. v. Gammage

162 S.W. 980 · Court of Appeals of Texas · Nov 1, 1913

Kirby, an expert witness, who qualified himself as an erecting engineer, and machinist, and familiar with this character of machinery, and who testified that if the machinery was in proper condition and correctly constructed … seems to me, from the undisputed testimony of witnesses produced by the plaintiff, that any inference that the jury would be justified in drawing from the happening of the accident, unexplained, was disproved, and that it clearly

White v. State

201 S.W.3d 233 · Court of Appeals of Texas · Aug 10, 2006

A defendant satisfies this burden by establishing that a search or seizure occurred without a warrant. Id. … case now before this court, the record clearly reflects that the prosecutor said, "He's got to say he hit her."

State v. Morale

553 S.W.3d 489 · Court of Appeals of Texas · Dec 29, 2016

That question did not lead to any other questions about the review process and was not linked to any other factors needed to establish market value at trial. … The State and its witnesses agreed that Kimberly was qualified to testify about whether the business could *503 still operate there.

Wichita Falls. R. & Ft. W. Ry. Co. v. Emberlin

274 S.W. 991 · Court of Appeals of Texas · Apr 25, 1925

McNeill, 57 Tex. 465 , cited in our former opinion, to the effect that advantage may be taken of improper argument to the jury in the absence of any objection thereto at the time it was made, has been Qualified by' later … W. 411 , it was said: “If it should appear that during a trial questions were propounded to witnesses apparently to establish things that did not exist, and to which it was known the witnesses could not testify, or apparently

Strong v. Delhi-Taylor Oil Corporation

405 S.W.2d 351 · Court of Appeals of Texas · Jun 23, 1966

The “general position” of the plaza to locate Porcion 72 would not legally qualify in “following the footsteps of the original surveyors.” … Appellant’s contention that Por-cion 72 can be located by reference to the center of .the plaza in the present town of Reynosa Viejo is contrary to the clearly established facts as set forth above from the Act of the “Visita

Airgas-Southwest, Inc. v. IWS Gas & Supply of Texas, Ltd.

390 S.W.3d 472 · Court of Appeals of Texas · Aug 30, 2012

After considering and weighing all the evidence, we set aside the fact finding only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Mar. Overseas Corp. v. … Therefore, we only consider whether the TRO produced the type of interference with a person that qualifies as a special injury. The special injury requirement has its origin in English common law. See Masterson v.

Zuehl Land Development, LLC, Dorothy Golding and Diane Wiemann v. Zuehl Airport Flying Community Owners Association, Inc.

510 S.W.3d 41 · Court of Appeals of Texas · Apr 21, 2015

There, the Supreme Court held that, to qualify as a prevailing party, the plaintiff must obtain at least some relief on the merits of his claim. … According to the landowners, the language in these contracts established one basis from which the landowners in the 40 acres could claim a right to access their land.

PNS Stores, Inc. v. Munguia

484 S.W.3d 503 · Court of Appeals of Texas · Jan 12, 2016

The Trial Court Did Not Err by Excluding Harper’s Testimony Expert opinion testimony is admissible if the witness is qualified as an expert and the testimony will assist the trial 6f fact. See Tex.R. … Further, PNS Stores argues that the size of the verdict alone establishes prejudice and passion as a matter of law because it is “so flagrantly excessive that' it cannot' be accounted for on any other ground.”

Rollin v. Condra Funeral Home

309 S.W.2d 940 · Court of Appeals of Texas · Jan 22, 1958

As to the ambulance its right of way was qualified by the provisions of Art. 6701d, Sec. 24(b) supra, compliance with which the jury, not the officer, must determine. … Since, in our opinion the error discussed above requires a reversal we do not pass upon the assignment that the verdict of the jury is so against the weight of the evidence as to be clearly wrong.

Trinity & B. v. Ry. Co. v. Geary

169 S.W. 201 · Court of Appeals of Texas · Jun 13, 1914

In this case it was said: “At the close of all the evidence the defendant moved for a separate verdict on each count, because the evidence failed to establish the allegations of each; because the evidence did not establish … circumstantial evidence warranting an inference of negligence. [6] Plaintiff, in his petition alleged: “That plaintiff, at the time of said injuries, was an able-bodied, healthy, and industrious man, in the prime of life, well qualified

Evans, Archer Lee

Court of Appeals of Texas · Jun 26, 2015

The State has established that K.L.’s statement complied with Article 38.072 because it described an alleged offense committed against a child younger than fourteen years of age. … To establish an abuse of discretion, Appellant must show that he was actually prejudiced or harmed by the denial. Id.

Galveston, Harrisburg & San Antonio Railway Co. v. McAdams

37 Tex. Civ. App. 575 · Court of Appeals of Texas · Jan 4, 1905

The testimony was clearly admissible on the issue of plaintiff’s contributory negligence. … We take it, that, certainly defendant in asking the instruction could not possibly have had in mind.any negligence of whatsoever character of plaintiff in such matter, else why qualify it by saying negligence which caused

Johnson, Sansom & Co. v. Fort Worth State Bank

244 S.W. 657 · Court of Appeals of Texas · Jun 24, 1922

is found only at the end of this proviso, and that it is separated from the rest of the clause only by a semicolon, and that the preceding proviso ends with a period, indicates that the words quoted above are intended to qualify … So read, its effect clearly makes both clauses conditions subsequent.

Pioneer Chlor Alkali Co. Inc. v. Royal Indem. Co.

879 S.W.2d 920 · Court of Appeals of Texas · Mar 31, 1994

Clearly, the court considered the causation language in the insuring clause. … Clearly, the court did not consider “sudden and accidental” to be a function of time.

Mitchell v. Mitchell

298 S.W.2d 236 · Court of Appeals of Texas · Jan 4, 1957

If the life income beneficiaries establish any rights against the remainderman on this proceeding, the trustees must perform the last decree and deal with oil royalties and other funds as the last decree directs. … Third: If the rights of the income beneficiaries were conventional life estates not limited by the written instruments involved so as to exclude the doctrine, the “open mine” doctrine would clearly be applicable to the Sun

Prater v. Holbrook

283 S.W.2d 263 · Court of Appeals of Texas · Sep 22, 1955

concerning the decorum and dignity of trial courts — as those under discussion were — must necessarily rest in the sound discretion of those courts, and the exercise of such discretion will not be disturbed unless abuse is clearly … pass in a no-passing zone he might be faced with some situation such as actually developed, and the mere fact that he succeeded in getting back on his side of the highway before the collision actually occurred does not establish

In the Interest of J.M.W.

470 S.W.3d 544 · Court of Appeals of Texas · Jul 23, 2014

Trial courts have broad discretion to permit additional evidence to be offered at any time when it clearly appears necessary to the administration of justice. See Tex.R. Civ. P. 270; Gurka v. … Although we have concluded the trial court abused its discretion in its setting of the amount of the child support award, we have not disturbed the trial court’s underlying determination that the child qualifies for support

City of Ingleside v. Kneuper

768 S.W.2d 451 · Court of Appeals of Texas · Mar 29, 1989

Professor Carl Hansen, a vocational rehabilitation counsel- or and teacher at the University of Texas, testified about various types of jobs that Kneuper would be qualified for, both within and without city government, and … The testimony of Kneuper and Edward Martin was clearly sufficient to support a finding that Kneuper. had suffered some loss of earning capacity.