Case law

Caulk v. Miller

18 S.W.2d 195 · Court of Appeals of Texas · May 8, 1929

Stark and Ike White qualified as independent executors of his will, and under and by virtue of powers conferred upon them by the will of Giraud they, on the 12th day of March, 1923, conveyed to J. R. … formerly owned by Giraud, the other grantor, by mesne conveyance, by cross-action is asking the court to enter a decree declaring a forfeiture of the minerals by Bell to him as the successor in title to Marmion and Giraud, and establishing

Barnes v. State

56 S.W.3d 221 · Court of Appeals of Texas · Jul 19, 2001

A statement that the declarant is afraid or testimony demonstrating that the declarant was afraid when he made the statement qualifies under Rule 803(3). See, e.g., Martinez v. … Likewise, an agreement to commit sexual assault is also established by the evidence.

Taylor v. Higgins Oil & Fuel Co.

2 S.W.2d 288 · Court of Appeals of Texas · Jan 11, 1928

However, they qualify this admission, saying, “But that he measured the ’ distance back to his division corner is most unlikely.” Appellants’ qualification of their admission is without force. … In support of their plea of improvements in good faith, appellants offered testimony clearly raising the issue in their favor, that is, that they were not willful trespassers and honestly believed that their title was superior

Manuel, Frederick

Court of Appeals of Texas · Dec 18, 2015

. - San Antonio 2001, pet. ref'd)(while dog sniff and other factors provided probable cause to search a box mailed to defendant, even evidence that he was clearly a drug trafficker did not sufficiently focus … It will also be helpful to qualify authority from other jurisdictions on this issue.

Storguard Investments, LLC v. Harris County Appraisal District

369 S.W.3d 605 · Court of Appeals of Texas · May 3, 2012

Storguard contends that its petition for review “clearly falls within the provisions of Section 42.016 granting it standing and conferring full jurisdiction upon the district court.” … Storguard appears to qualify as a person entitled to intervene in a petition for review pursuant to section 42.016.

Bookhout v. McGeorge

65 S.W.2d 512 · Court of Appeals of Texas · Sep 30, 1933

He cannot be permitted to claim title both under and against the same deed; to insist upon its efficacy to confer a benefit, and repudiate a burden with which it is qualified; to affirm a part and reject a part." … The court said: "The distinction between a mortgage of land and a conditional sale thereof is clearly stated by our Supreme Court in Astugueville v. Loustaunau, 61 Tex. 233 , 238, in an opinion by Mr.

Cargo Ships & Tankers, Inc. v. McDonald

435 S.W.2d 866 · Court of Appeals of Texas · Dec 18, 1968

He was qualified to act as a bosun and had earned almost $1,000.00 per month when so employed. As a seaman, he could expect to earn about $12,000.00 per year. … These Supreme Court cases have established that in F.E.L.A. and Jones Act cases the appellate court has no jurisdiction to overturn a jury verdict supported by some evidence of probative force * * *.

Hernandez, Blas Jr.

Court of Appeals of Texas · Mar 6, 2015

On the recording, Appellant's speech is clearly slurred, and he admitted that he had consumed five beers. … Furthermore, even if we were to hold that the trial court erred in admitting the evidence, which we do not, the State adduced additional evidence that clearly established Appellant's intoxication.

McClintock, Bradley Ray

Court of Appeals of Texas · Dec 18, 2015

In a published opinion, the Court agreed with our determination that the remainder of the warrant affidavit did not clearly establish probable cause. McClintock, 444 S.W.3d at 19–20. … The warrant in this case did not contain sufficient lawfully acquired information to clearly establish probable cause without the dog-sniff evidence. McClintock, 444 S.W.3d at 19–20.

Legend Airlines, Inc. v. City of Fort Worth

23 S.W.3d 83 · Court of Appeals of Texas · May 25, 2000

Airspace capacity is clearly an important constraint to expanding service at Love Reid. … This is largely true under repeal also, provided that carriers do not elect to establish hub operations at Love Field (see Figure ES.4).

Sebastian Cotton & Grain, Ltd. v. Willacy County Appraisal District

492 S.W.3d 824 · Court of Appeals of Texas · Apr 28, 2016

Sebastian contends that this qualifies as a failure to exhaust administrative remedies. … The two sections use similar language, except that 41.10 clearly states that a chief appraiser may not use that provision to increase an owner’s individual liability.

Dixon, Wydell Lorraine

Court of Appeals of Texas · Mar 18, 2015

Paskert testified at appellant’s trial under an offer of use immunity. She was not offered a plea deal in her own case. … Appellant also argued that the jury deliberation room, in which the jury finally slept, “fails to qualify as ‘separate facilities’ under Article 35.23.”

Duran, Francisco Jr.

Court of Appeals of Texas · Apr 17, 2015

The evidence clearly showed and was not contested that there was no serious bodily injury. … In a sufficiency review, circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor, and circumstantial evidence alone can be sufficient to establish guilt.

Texas Board of Chiropractic Examiners v. Texas Medical Ass'n

375 S.W.3d 464 · Court of Appeals of Texas · Jul 6, 2012

Although the summary-judgment evidence falls short of establishing conclusively that all needle-EMG needles have a beveled, blade-like edge, Dr. … The anesthesia itself is evidently administered by a qualified health-care professional other than a chiropractor, including an anesthesiologist, a physician. .

Samuel v. Houston Oil Co. of Texas

193 S.W. 246 · Court of Appeals of Texas · Feb 8, 1917

In order that the character and purpose of the ancillary proceedings may be clearly understood, the petition of said receiver in that cause is here now set out in full, as follows: “Maryland Trust Company, Trustee, Plaintiff … Reichardt were appointed receivers, and duly qualified; that on the 1st day of November, 1906, plaintiff was named by decree of court as sole receiver, and is now such; and by Said decrees the Houston Oil Company of Texas

Concho Camp, No. 66, W. O. W. v. City of San Angelo

231 S.W. 1106 · Court of Appeals of Texas · May 25, 1921

It likewise provides for qualified policy loans and the granting to members with paid-up insurance policies protection and withdrawal equities, somewhat after the manner of old line insurance companies. … A. system, in his note states: ‘The general rule established by the decisions is in accord ,-vyith the Royal Highlanders v.

Fort Worth Neuropsychiatric Hospital, Inc. v. Bee Jay Corp.

587 S.W.2d 746 · Court of Appeals of Texas · Oct 18, 1979

Likewise, evidence in parol which purported to establish the parties' oral contractual rights would be inadmissible. … This qualifies as an "additional and substantial out-of-pocket loss", sufficient cause to refuse to permit the Statute of Frauds to be invoked.

American Rio Grande Land & Irrigation Co. v. Mercedes Plantation Co.

155 S.W. 286 · Court of Appeals of Texas · Feb 26, 1913

The Legislature in the above act has not very clearly defined the rights of the public nor the duties of the corporation, but a careful study of the language of the act in the light of the well-established principles of law … Campbell had qualified as an expert on the value of truck and vegetables. The same can be said as to appellant's objection to the testimony of T. M. Lawrence and Theo. Lawrence, Jr.

Jackson Walker, LLP v. Kinsel

518 S.W.3d 1 · Court of Appeals of Texas · Apr 10, 2015

One witness testified that in “late 2006, [Lesey] was clearly becoming more and more confused and forgetful, and she would forget things that she had recently done or did. And that continued into 2007. … Evm 702 (stating that if scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill

Farwell v. Babcock, Administratrix

27 Tex. Civ. App. 162 · Court of Appeals of Texas · Nov 18, 1901

substantially all of the British directors were made so at the instance and request of the Farwells and Taylor, and it is alleged (on information and belief) that the syndicate gave them stock in the company in order to qualify … This decision recognizes that such con *170 tracts are not void, or fraudulent per se, but are only voidable, and then only when the surrounding circumstances show that they ought not to be enforced. - It being thus established