Case law

Osterberg v. Peca

952 S.W.2d 121 · Court of Appeals of Texas · Aug 8, 1997

Section 253.062, the violation of which Peca relied upon in this ease to establish the requisite violation, however, does not require a “knowing” state of mind. … The ad begins in a complimentary fashion essentially conceding that Peca is qualified to do the job of district judge. If credentials are “enough,” the ad urges the listener, vote for Peca.

Rosenthal v. City of Dallas

211 S.W.2d 279 · Court of Appeals of Texas · Apr 2, 1948

In other words, the judiciary will adhere to an executive or departmental construction of an ambiguous statute unless it is clearly erroneous or unsound, or unless it will result in serious hardship or injustice, although … I know of no reason why the conduct of a city, acting as it must act through its authorized agents in the enforcement and administration of the zoning law, should be considered so sacrosanct as to be immune from the application

Kuemmel v. Vradenburg

239 S.W.2d 869 · Court of Appeals of Texas · May 23, 1951

Four other qualified witnesses testified that the purpose of the barrier was to deflect the car so it would not come through the fence into the spectators. … Such issues are clearly distinguishable in nature from the affirmative defense of contributory negligence. This is apparent from the authorities above cited. As to contributory negligence, see Koons v. Rook, Tex.Com.

Missouri State Life Ins. Co. v. Woodson

256 S.W. 988 · Court of Appeals of Texas · Nov 17, 1923

Accordingly, if it be conceded that error was committed in the admission of the evidence, then it clearly appears to have been harmless. … of law to possession by Woodson under actual manual delivery of it to him, unless the instruction given the agent to obtain Woodson’s signature to the applications which accompanied the policy before making delivery so qualified

Matter of R-----E-----W

545 S.W.2d 573 · Court of Appeals of Texas · Dec 30, 1976

Although it is painfully apparent that the mother failed to meet certain minimal standards of parental behavior considered by today's society as reasonably appropriate, this failure was just as clearly the result of her basic … The State failed to establish by medical proof that the child's developmental disabilities were attributable to her environmental surroundings or to her relationship with her mother.

Stewart, Daymond Lamont

Court of Appeals of Texas · Jan 20, 2015

As such, this matter should be remanded to the Court of Appeals, as their opinion clearly is violation of the Rules of Appellate Procedure.9 A. Reason for review. … The record in this case demonstrates that the State satisfied the three criteria to establish the reliability of the DNA evidence. See Vela, 209 S.W.3d at 134; see also Kelly, 824 S.W.2d at 573.

Rancher, Danny Ray

Court of Appeals of Texas · Sep 16, 2015

Then,if the age of the Child was THIRTEEN (13) "••" Years Old or Older,clearly Pre-Amended Art.38.072, would render such Statement/s Inadmissible as evidence. … One cannot argue that under the current version of 38.072, changing the Child's age from -12- years old or younger unto 14 years of age or younger that the letter would meet the required age and qualify as an Initial Outcry

Gulf Refining Co. v. City of Dallas

10 S.W.2d 151 · Court of Appeals of Texas · Jul 14, 1928

The vice in said Ordinance No. 742 is clearly pointed out in the following opinions: City of Dallas v. Mitchell (Tex. Civ. App.) 245 S. W. 944 ; City of Dallas v. Burns (Tex. Civ. App.) 250 S. W. 717 ; City of Dallas v. … Court, and in such inferior courts as the Congress may from time to time ordain and establish.”

Pritchard & Abbott v. McKenna

343 S.W.2d 752 · Court of Appeals of Texas · Jan 5, 1961

V.A.T.S., when convened and so acting, have the power to receive assessment lists or books of assessors “for inspection, correction or equalization and approval,” and to- “send for persons, books and- papers, swear and qualify … See 14 Amer.Jur., p. 212, Counties, § 44, where it is stated: “On the other hand, it is established by the weight of authority that a county cannot be held liable to pay for the benefits received under an express contract

Meza v. State

549 S.W.3d 672 · Court of Appeals of Texas · Oct 4, 2017

She also contends that although the officer was qualified as a DRE, his expert testimony was inadmissible under Kelly v. State , 824 S.W.2d 568 (Tex. Crim. … Moreover, the evidence established the hotel was located on a very busy street.

Perry, Ex Parte James Richard "Rick"

Court of Appeals of Texas · Sep 1, 2015

As Perry sees it, his indictment, on its face, establishes that he “is being prosecuted for a veto and an alleged veto threat,” infringing not only his personal free-speech rights and immunities he possesses under the Speech … Heinrich, 284 S.W.3d 366, 372 (Tex. 2009) (distinguishing between “government officer’s exercise of discretion” and conduct actionable under “ultra-vires exception” to sovereign immunity); Tobias v.

Stewart & Stevenson Services, Inc. v. Enserve, Inc.

719 S.W.2d 337 · Court of Appeals of Texas · Aug 21, 1986

A document in which the parties expressly provide that each retains rights under the original contract and that only part of contract is cancelled cannot qualify as an accord and satisfaction. … The contract clearly does not fail for indefiniteness because it left open the price of the last forty pumps.

Kenedy Pasture Co. v. State

196 S.W. 287 · Court of Appeals of Texas · Jan 24, 1917

The court qualified appellants' bill of exceptions by showing that he stated at the time that same was introduced that he would not consider any part of said affidavit, except the statements of Blucher as to what he did and … location was contended for by the state, and, as we hold, was established by the state's evidence, against the contention of Kenedy Co., as to said location.

Jones, Lonnie James Jr.

Court of Appeals of Texas · Sep 23, 2015

App. 2009) ("To avoid forfeiting a complaint on appeal, the party must 'let the trial judge know what he wants, why he thinks he is entitled to it, and to do so clearly enough for the judge to understand him at a time … With respect to Deputy Wilkerson's opinion, the record does not show that the State attempted to qualify Deputy Wilkerson as an expert on self-defense.

Pure Oil Co. v. Pope

75 S.W.2d 175 · Court of Appeals of Texas · Oct 1, 1934

The facts and circumstances summarized above clearly support the jury’s answer to question No. 4. … It is well established that where the facts * * * are pleaded conjunctively, no affirmative error will arise in submitting the issue in that form.” In Powell v.

Village Mills Co. v. Houston Oil Co.

186 S.W. 785 · Court of Appeals of Texas · Jan 30, 1916

D. 1886, and biennially thereafter, the trustees of the association shall be elected by the shareholders for the term of two years and until their successors shall have been elected and qualified; and each board shall succeed … , to give title to any of the lands to be sold; and the trustees and the secretary then of record are hereby authorized to execute and record all certificates required to effect such conveyances.” [5, 6] We think it was clearly

Brewer v. Lennox Hearth Prods., LLC

546 S.W.3d 866 · Court of Appeals of Texas · Mar 26, 2018

Clearly, the manufacturer should not sell CSST in those states. 30. … Subsequent testimony established that both parties and witnesses had been contacted by the survey pollsters.

In re R_ E_ W

545 S.W.2d 573 · Court of Appeals of Texas · Dec 30, 1976

Although it is painfully apparent that the mother failed to meet certain minimal standards of parental behavior considered by today’s society as reasonably appropriate, this failure was just as clearly the result of her basic … The State failed to establish by medical proof that the child’s developmental disabilities were attributable to her environmental surroundings or to her relationship with her mother.

Laborde Props., L.P. v. U.S. Shale Energy II, LLC

551 S.W.3d 740 · Court of Appeals of Texas · Oct 12, 2016

Royalty," which is indicative of reserving a fixed interest, and then ends with language clearly stating the amount and type of interest being reserved, "same being equal to one-sixteenth (1/16th) of production." … Here, the record establishes Laborde's counterclaims to quiet title and recover alleged overpayments were severed, stayed, and abated pending the outcome of the royalty dispute.

International & Great Northern Railroad v. Startz

42 Tex. Civ. App. 85 · Court of Appeals of Texas · Feb 21, 1906

Many cases in the early history of the rule, in enforcing it, predicate it upon the fact that the party making the entry must be dead; but the more recent cases, and among the best considered, not only to some extent qualify … The entries were clearly admissible, and if Stewart was unble to recollect the facts, he could refresh his memory by the entries made by him.