Case law

Morris v. Nowotny

323 S.W.2d 301 · Court of Appeals of Texas · Mar 26, 1959

Lansing, 5 Johns., N.Y., 282, in, part, as follows: “Whenever we subject the established courts of the land to the degradation of a private prosecution, we subdue their independence and destroy their authority. … “IV “It is felt that the original petetion clearly lists actions of the defendants beyond the scope of their authority.

Woods v. Sloan

9 S.W.2d 485 · Court of Appeals of Texas · Jun 23, 1928

The record shows that Betty Woods was duly appointed guardian of the estate of Henry Woods, Wash Woods, and Maude Woods, and that she duly qualified as such guardian by giving the oath and bond as required by the statutes … L. § 327, p. 853: “While it is well settled that a judgment cannot be questioned collaterally for an error committed in the exercise of jurisdiction, the rule is equally well established that a judgment may be attacked in

Enterprise Co. v. Wheat

290 S.W. 212 · Court of Appeals of Texas · Dec 13, 1926

The court further told the jury that the burden of proof rested upon the plaintiff to establish the affirmative of questions Nos. 1, 6, and 7; and that the burden was upon the plaintiff to establish the negative of questions … Actual malice must be proven as a fact; it cannot be established by the defamation alone.”

Ponte v. Bustamante ex rel. Bustamante

490 S.W.3d 70 · Court of Appeals of Texas · May 28, 2015

He would have seen the ROP as it started up or as it became established and before it became advanced. … When Good considered the surgery by itself, he did not opine clearly that the surgery alone was probably a but-for cause of Daniella’s injuries.

Martinez v. Bruni

216 S.W. 655 · Court of Appeals of Texas · Nov 5, 1919

The bill of exception does not complain so much at the predicate laid as it does at the action of the court in refusing to allow appellant to rebut the predicate, which the court refused at that time, and qualified the bill … As a predicate for the admission of evidence as to the contents of a lost deed the testimony was clearly insufficient, although Mrs. Shad-dinger may have been shown to be beyond the process of the court.”

Heritage on the San Gabriel Homeowners Ass'n v. Texas Commission on Environmental Quality

393 S.W.3d 417 · Court of Appeals of Texas · Dec 28, 2012

Health & Safety Code Ann. § 361.003 (West 2010) (establishing applicable definitions). … Instead, they contend that “the County was required to present some evidence that the information was analyzed by a qualified person, and that this person found land use compatibility” because the rules require “the applicant

Gavin v. Webb

99 S.W.2d 372 · Court of Appeals of Texas · Nov 6, 1936

Lantznester were duly admitted to probate, and defendant Ella Belle Gavin qualified as independent executrix. … We .are inclined to hold to the rule so well established that the sufficiency of assignments should be liberally construed, so as not to cut off the approach of parties in good faith seeking relief for errors prejudicial

J.M. v. State

178 S.W.3d 185 · Court of Appeals of Texas · Jul 7, 2005

It is well-established that evidence establishing that an individual is mentally ill and in need of hospitalization is not evidence that the statutory standard for involuntary commitment has been satisfied. … However, that was six months preceding her hospitalization at UTMB and would not qualify as a "recent” over act. This appears to be a separate suicide threat from the one at issue here. Moreover, Dr.

Hunt Oil Co. v. Moore

656 S.W.2d 634 · Court of Appeals of Texas · Aug 4, 1983

Moore contends that even if Hurford qualified himself as an expert witness, the affidavit is wholly insufficient to support the affirmative defense of limitations. … Such possession being in recognition of Hamilton’s title, Hunt could not make it a hostile holding without a repudiation of Hamilton’s title, evidenced by acts or declarations clearly manifesting such intention.

Curtis v. State

89 S.W.3d 163 · Court of Appeals of Texas · Nov 21, 2002

Despite the DNA evidence establishing the presence of Appellant’s semen in King’s vagina, the State was unable to establish when Appellant engaged in sexual intercourse with King, which was essential to convict Appellant … required to establish the commission of the offense charged.”

Greenwood v. State

948 S.W.2d 542 · Court of Appeals of Texas · Jul 10, 1997

An abuse of discretion will be found “only when the trial judge’s decision was so clearly wrong as to lie outside that zone within which reasonable persons might disagree.” Cantu v. … We also agree that reasonable persons might disagree as to whether the State’s expert’s testimony that “Well, it’s a pretty sophisticated qualitative test, that one run is sufficient” qualified as an answer to appellant’s

El Paso Electric Ry. Co. v. Terrazas

208 S.W. 387 · Court of Appeals of Texas · Jan 9, 1919

The issue was clearly one for the jury under the authorities cited in considering the last preceding assignment. The evidence is conflicting as to the circumstances under which Terrazas undertook to cross the track. … , to be established, which if true would in law establish such plea, and instructing them if they found such group of facts to be established by the evidence, to find for .defendants.

Coleman v. State

577 S.W.3d 623 · Court of Appeals of Texas · May 9, 2019

To qualify for admission as a prior inconsistent statement, a party seeking to utilize the statement must demonstrate that "the statements are indeed inconsistent." Lopez v. State , 86 S.W.3d 228 , 230 (Tex. Crim. … This action was clearly prosecutorial misconduct."), aff'd , 390 S.W.3d 341 (Tex. Crim. App. 2013).

Gulf, Colorado & Santa Fe Railway Co. v. Burroughs

27 Tex. Civ. App. 422 · Court of Appeals of Texas · Dec 19, 1901

Neither of these witnesses knew anything about plaintiff’s orchard, and therefore neither were shown to have been qualified to express an opinion as to its value. … It could only bear upon the question of defendant’s negligence, and that having as before stated, been established by uncontroverted evidence, this testimony eoiild not have resulted in any harm to defendant.

Rowan v. Shapard, Stevens & Co.

2 Wilson 229 · Court of Appeals of Texas · Jun 27, 1884

occurs that terms and phrases which have well defined significations, and well recognized meanings in the law, will have attached to them in certain relations and connections which they are made to occupy, a modified or qualified … We think the proceeding is an initiatory execution, wherein the plaintiff seeks to secure and establish his priority of right as a creditor to the satisfaction of his debt out of any property the defendant may own, as against

Lawrence, Kenneth Paul

Court of Appeals of Texas · May 6, 2015

This provision clearly applies to jurors. … The State would likely argue accomplice-witnesses established the guilt of Appellant standing alone.

the Kroger Co. v. Christopher Milanes

474 S.W.3d 321 · Court of Appeals of Texas · Jul 30, 2015

The goal therefore, is to submit to the jury the issues for decision logically, simply, clearly, fairly, correctly, and completely. Roye, 447 S.W.3d at 56. … To establish negligence, a party must establish a duty, a breach of that duty, and damages proximately caused by the breach. Austin v. Kroger Texas, L.P., No. 14-0216, 2015 WL 3641066, at *12 (Tex.

in Re Bryan Chance McBee

Court of Appeals of Texas · Jul 21, 2015

A party seeking mandamus relief must establish that the party has no adequate remedy by appeal. Walker v. Packer, 827, 833, 842 (Tex.1992). … establish a standing to challenge the conviction.

Evans, Ralph Kenneth

Court of Appeals of Texas · May 6, 2015

There shall be established in each county in this State a Colinty Court, which shall be a court of record; <Inc! … until his successor shall be elected and qualified.

Almaguer, Arturo Sanchez

Court of Appeals of Texas · Aug 27, 2015

Appellant's DNA establishes that he was there shortly before the first police officer arrived because the fecal matter was still fresh. … However, a juror may testify under two exceptions: (1) as to whether any outside influence was improperly brought to bear on any juror; or (2) to rebut a claim that the juror was not qualified to serve.