Case law

Joffre v. Mynatt

240 S.W. 319 · Court of Appeals of Texas · Mar 25, 1922

unsupported by and is contrary to the evidence adduced upon the trial of said cause, in that the plaintiff failed to prove that the defendant executed the note sued on, and the defendant by positive and uncontroverted evidence clearly … It may be conceded as a general proposition that expert evidence is not only the most unsatisfactory in character, but should be accorded the least weight as such to establish any fact in dispute, and should be received and

Motor & Industrial Finance Corp. v. Hughes

294 S.W.2d 182 · Court of Appeals of Texas · May 9, 1956

“At the November Board of Directors meeting the whole plan was explained to the Directors that in order to bring the corporation out of a deficit and in order to qualify the company, Mr. … It was the feeling of the Directors that the corporation would make a whole lot of money, and it was clearly understood that Mrs.

Jones v. English

268 S.W.2d 686 · Court of Appeals of Texas · May 12, 1954

It should be determined from the established principles and doctrines of equity, with which the jury are not presumed to be familiar. Bergstedt v. Bender, Tex.Com. App., 222 S.W. 547 ; Fabra v. Fabra, Tex. … While some situations demand strong remedies, the use of the mandatory injunction should not be resorted to upon some seeming similarity to decided cases which upon principle may be clearly distinguished.

Galveston, H. & S. A. Ry. Co. v. Contois

279 S.W. 929 · Court of Appeals of Texas · Dec 23, 1925

There is a line of distinction clearly defined and drawn in the cases of negligence cited by appellant, distinguishing this case from those cases. … This charge seems to come under the rule established by the Supreme Court in Paris Railway v. Atkins, supra.

Galveston & W. Ry Co. v. City of Galveston

155 S.W. 273 · Court of Appeals of Texas · Jan 16, 1913

The purpose was clearly to confine such relocated line as nearly as practicable to the location of the old line and the actual intersection of the-streets. … Black on Interpretation of Law, p. 270; 36 Cyc. 1162. [5] It is usually the'province of a proviso to qualify the language preceding it. This is not a hard and fast rule.

Wolfe, Jennifer Banner

Court of Appeals of Texas · Apr 29, 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

Whitehead v. State

710 S.W.2d 645 · Court of Appeals of Texas · May 29, 1986

Furthermore, it was only after the jury list had been called and the jurors qualified, with all legal excuses having been taken, and after the clerk was instructed to draw a specific jury panel or list, which was done; and … We willingly, assiduously adhere to the well-established rule that has been pronounced many times, as clearly stated in Jones v. State, supra. Following the literary lead of Presiding Judge Onion, in Hankins v.

Garner v. State

523 S.W.3d 266 · Court of Appeals of Texas · May 10, 2017

Ashleigh and appellant began exchanging text messages and, over time, Ashleigh established a relationship with her biological father and his wife, Pam, 1 celebrating birthdays and holidays together and spending more time … The court stated as follows: “Absent any legal authority to the contrary, we find that jury voir dire is an integral initial part of a trial, which is clearly a ‘criminal proceeding.’” Watson, 917 S.W.2d at 67 .

Walker, Ex Parte Calvin Gary

Court of Appeals of Texas · Jun 10, 2016

Conversely, this Court has held that a municipality cannot qualify as a sovereign distinct from a State—no matter how much autonomy over criminal punishment the city maintains. See Waller, 397 U. S., at 395. … The General Assembly added that “the people of the Commonwealth of Puerto Rico have been invested with attributes of political sovereignty which clearly iden­ tify the status of self-government attained by the Puerto Rican

Restrepo v. Alliance Riggers & Constructors, Ltd.

538 S.W.3d 724 · Court of Appeals of Texas · Sep 22, 2017

factual sufficiency of the evidence to support the jury's verdict, we consider and weigh all of the evidence and will set aside the verdict *736 only if it is so contrary to the overwhelming weight of the evidence as to be clearly … Affirmative Defense-Business Consumer Exception Appellants argue that the evidence showed Alliance Riggers does not qualify as a consumer because it has assets of $25 million or more.

McCoy, Gary Jay

Court of Appeals of Texas · Jun 18, 2015

Consequently, the determination that an injury qualifies as “serious bodily injury” must be made on a case-by-case basis. Jackson v. State, 399 SW.3d 285, 292 (Tex. App. … However, there was also no other evidence introduced at trial by the State to establish the degree of Wilson’s injury.

JNS Enterprise, Inc. v. Dixie Demolition, LLC

430 S.W.3d 444 · Court of Appeals of Texas · Jul 17, 2013

Producing false documents in discovery and then lying about those documents in deposition undoubtedly qualifies as an abuse — flagrant, in fact — of the discovery process, whose ultimate goal is, after all, a search for the … Clearly a trial court has the express authority to arbitrate discovery disputes and impose appropriate sanctions for wrongdoing under rule 215.

In the Interest of A.R.

236 S.W.3d 460 · Court of Appeals of Texas · Oct 19, 2007

The testimony at the hearing and the evidence in the record clearly demonstrate that Risinger’s representation of mother had become unreasonably difficult. … Although the experts stated regular contact with mother was in the best interest of the child, these statements were qualified. Dr.

Samson Exploration, LLC v. T. S. Reed Properties, Inc.

521 S.W.3d 26 · Court of Appeals of Texas · Oct 22, 2015

Thus, unlike Hooks, Samson never clearly placed the DuJay-A claimants on notice that it was offering them another bargain. See id. … establishing the pool’s boundaries.

Thomas, Kenneth Dewayne

Court of Appeals of Texas · Sep 27, 2016

It gains relevance only by establishing its correlation to the entire panel. See Woodward v. … jurors are qualified.

Rice v. Metropolitan Life Insurance Co.

324 S.W.3d 660 · Court of Appeals of Texas · Aug 31, 2010

MetLife has not expressly argued that the certificate of insurance does not qualify as a valid contract or that the Rices did not perform under that contract. … MetLife’s supplemental response establishes that the premium payments had not been properly refunded to the Rices at the time of the trial court’s summary judgment decision.

The Oriental v. Barclay

16 Tex. Civ. App. 193 · Court of Appeals of Texas · Apr 3, 1897

Ton are told, gentlemen, that this release appearing regular upon its face, it is presumed to speak and recite the truth, and the duty is cast upon the plaintiff to show clearly by the evidence that it was executed in the … This issue was raised by the pleadings, and there was evidence tending to establish it.

Clement, David Lee Jr.

Court of Appeals of Texas · Oct 2, 2015

After establishing that Johnson stopped Appellant for speeding, the State passed the witness. 2 RR 16. … Alternatively, the objective facts establish probable cause for the arrest.

International Brotherhood of Teamsters, Local No. 393 v. Missouri Pac. Freight Transport Co.

220 S.W.2d 219 · Court of Appeals of Texas · Feb 12, 1949

Defendants invoked the rights of free speech, free assembly and immunity from involuntary servitude, as guaranteed to them by the Constitutions of the United States and of Texas. … Clearly he is- not:.

Lewis, Gordon Ray

Court of Appeals of Texas · Mar 20, 2015

But the testimony does not establish whether these cases involved testing where the tool-making item (the magazine) was unavailable. … So another qualified examiner looks at all of my microscopic comparisons, and they must reach the same conclusion that I do. Jeffress said that his conclusions in this case were verified. C.