Case law

Wolfe, Jennifer Banner

Court of Appeals of Texas · Nov 2, 2015

In the record below, the State clearly had ample opportunity and actually did develop its evidence and respond to the Appellant’s argument regarding the expert testimony. In State v. … This Court found that the issue of who should make the determination of whether CDs qualify as securities is clearly separate from whether the trial judge, in response to the agreement of the parties, erred in deciding

Sanger v. First Nat. Bank of Amarillo

170 S.W. 1087 · Court of Appeals of Texas · Oct 24, 1914

Comment upon matters not within the issues and not sustained by the record, appeals to sympathy or prejudice; the use of abusive language, statements as to what facts can be established, spiteful remarks, whether true or … Ap-pellees do not clearly and fairly state either the purport or substance of appellant’s pleading upon this point.

Walling v. Hubbard

389 S.W.2d 581 · Court of Appeals of Texas · Apr 1, 1965

Gilvie Hubbard qualified as executor on May 21, 1935, and continued to serve until his death on January 29, 1959. … We think it does not follow that the executor must sue himself in District Court to establish his personal claim against the estate.

Anderson v. Hirsch

112 S.W.2d 535 · Court of Appeals of Texas · Nov 22, 1937

The only variance in the stipulations in the two contracts is that in the instant case the borrower was clearly given an option of paying the first lien notes before maturity, while such option was in the Egan Case only by … The court qualified defendant’s bill of exception in regard to this trial amendment by stating that during the introduction of testimony, when the defendant had objected to certain evidence in regard to these assignments,

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.

ARGYLE INDEPENDENT SCHOOL DIST. v. Wolf

234 S.W.3d 229 · Court of Appeals of Texas · Sep 20, 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.

Thomas, Jeremy

Court of Appeals of Texas · Sep 24, 2015

The court of appeals clearly erred by deeming venireperson #25 qualified even though he unequivocally could not be fair. … *8 [13] [14]“[I]t is well established that, even where the pre-trial identification procedure is impermissibly suggestive, in-court testimony of an identification witness will still be admissible as long as the record clearly

Tibbs, James Ishmael

Court of Appeals of Texas · May 13, 2015

'15 107 u.s. 221 (1882). 76 llO U.S. 574 (1884). 77 171 u.s. 380 ( 1898). 78 Kring, 107 U.S. at 235 (explaining that the Missouri law was "clearly ex … South Carolina, 237 U.S. 180·, 183, has imported confusion into the Clause's interpretation and should be read to mean that a legislature does not immunize a law from scrutiny

In the Interest of S.J.R.-Z.

537 S.W.3d 677 · Court of Appeals of Texas · Dec 20, 2017

However, because Mom was not qualified to receive further housing assistance, there were no funds available to pay the rent. … Their on-again, off-again relationship was clearly “dysfunctional.’’ During the case, there were accusations of physical abuse and Dad attempting to run Mom, over with his vehicle.

McFaddin, Wiess & Kyle Land Co. v. Texas Rice Land Co.

253 S.W. 916 · Court of Appeals of Texas · Jun 6, 1923

The burden, of course, was upon appellee to establish such a case. … McPaddin’s connection with and trespass upon the land has been known to appellee and its predecessors from the beginning; hence this action is clearly barred as against him.

Houston v. Gonzales Independent School Dist.

202 S.W. 963 · Court of Appeals of Texas · Jan 16, 1918

additional annual ad valorem tax to be levied and collected within such school districts for the further maintenance of public free schools and the erection of school buildings therein: Provided, that two-thirds of the qualified … pass laws not prohibited by the Constitution cannot -be invoked in this instance, since the act was passed as a special or local law, without notice, contrary to section 57, art. 3, of the Constitution, and must therefore clearly

VitaPro Foods, Inc. v. State ex rel. Department of Criminal Justice

969 S.W.2d 84 · Court of Appeals of Texas · Apr 16, 1998

It must be an interpretation which expresses only the will of the makers of the law, not forced nor strained, but simply such as the words of the law in their plain sense fairly sanction and will clearly sustain. … The policy was designed “[t]o establish procedures for implementing direct purchases and purchases at public auction for certain agricultural and industrial commodities and materials.”

Bachynsky v. State

747 S.W.2d 847 · Court of Appeals of Texas · Feb 11, 1988

I can venture a guess it would not be— “Q Just qualify as a guess and give me a rough idea. “A I would suppose 50, 60, something in that neighborhood. “Q People that you actually talked to in person or on the telephone? … These findings alone are sufficient to establish 52-184 violations of the injunction.

In Re JMM

80 S.W.3d 232 · Court of Appeals of Texas · Jun 13, 2002

Adams observed that the children showed no attachment to Marium, did not have a doctor, their immunizations were not current, and J.M.M. had a cold. Adams returned seven days later to find that J.M.M. still had a cold. … Because there is evidence supporting a section 161.001(1)(O) instruction, and because there is legally and clearly and convincingly factually sufficient evidence that Marium violated a relevant court order, we overrule her

Jones v. Jimmerson

302 S.W.2d 161 · Court of Appeals of Texas · Apr 18, 1957

Henry or Lois Jimmerson and awarding Bess Jimmerson a ¾ undivided interest, the children of Lester Jimmerson a joint ⅛ undivided interest, and each of the other six children an undivided ⅜ interest in the 217 acres; and establishing … We are now convinced of this, and are of the opinion that the statement above quoted clearly shows that a question of title is involved.”

State Ex Rel. White v. Bradley

956 S.W.2d 725 · Court of Appeals of Texas · Nov 6, 1997

, as a matter of law, that at least one element of the State’s quo warranto action cannot be established. … Under article XI, section 11 of the Texas Constitution, 4—year terms may be approved by a majority of the qualified voters of a general-law municipality who vote in an election called for that purpose. 3 .See Huntress v.

Buckner, Bobby Joe

Court of Appeals of Texas · Mar 16, 2015

Constitution has been clearly established by the Supreme Court in Strickland v. Wcshington, 466 U.S. 668 (1984). … The standard for establishing a claim of ineffective 15 assistance of counsel is enunciated in Strickland v. Washington, supra.

W. T. Carter Bro. v. Bendy

251 S.W. 265 · Court of Appeals of Texas · Mar 27, 1923

Dicken was elected and qualified as sheriff of Tyler county and served as such sheriff from 1870 to 1872. He was not the sheriff at the time he acknowledged and delivered the deed to W. B. Cline. H. W. … S.] 604), we are clearly of the opinion that appellants raised an issue in support of their deed and its recitations, and that the court erred in excluding it.

Smart v. American Bank & Trust Co.

70 S.W.2d 299 · Court of Appeals of Texas · Jan 20, 1934

Same volume, § 528: “The rescission of a contract by mutual consent does not require a formal agreement or release, but may result from any act or any course of conduct of the parties which clearly indicates their mutual … Such an accounting should have been made in the pleadings in order to establish his claim against Droppléman for the items claimed in the cross-action over and above the $5,000 for the oil lease.

Morrow v. State

486 S.W.3d 139 · Court of Appeals of Texas · Feb 19, 2016

Here, Morrow has not pointed to any evidence in the record that establishes that he was insane at that time. … Although Morrow did not brief the alleged hearsay nature of the referenced statement, and likewise did not brief the issue of whether it qualifies as an exception to the hearsay rule, we nevertheless address this point of