Case law

Trustees of College of De Kalb v. Williams

143 S.W. 348 · Court of Appeals of Texas · Jan 19, 1912

It is clearly inferable from the terms of the act creating this college that the trustees were expected to receive financial aid from private sources, and that they should charge and collect tuition from those who attended … The grant of land was for the purpose of equipping the institution with only a portion of the means necessary to its establishment and maintenance.

George v. City of Houston

465 S.W.2d 387 · Court of Appeals of Texas · Feb 25, 1971

Worth 1953, error ref.), the court said: “ * * * However, it has long been established that an exception to such immunity exists when a city creates or maintains a nuisance in connection with a governmental function. … of a governmental function, that a cause of action exists in such a case where a right of an injured party has been violated is clearly recognized.

Michael Hospadales and Loomis Armored US, LLC v. Roy McCoy

513 S.W.3d 724 · Court of Appeals of Texas · Jan 12, 2017

The party offering the expert’s testimony bears the burden of establishing that the witness is qualified as an expert. Broders v. Heise, 924 S.W.2d 148, 151 (Tex. 1996). … As discussed, Appellant offered sufficient evidence to establish causation.

Bloom v. Oliver

56 Tex. Civ. App. 391 · Court of Appeals of Texas · Jun 11, 1909

Mattie Oliver, qualified as survivor, and conducted through her agents the business left by her deceased husband for two years, when B. D. Dashiell was appointed administrator of the estate. … We think the testimony clearly justified the conclusion of the trial court that the claim was barred at the time of its presentation to the administrator for allowance.

Robinson Watson v. Wingate, County Judge

36 Tex. Civ. App. 65 · Court of Appeals of Texas · May 10, 1904

many of the voting boxes the election was held and conducted by judges and clerks who were not at the time qualified voters in Orange County and qualified to serve in such capacity. … The other phase of the case is clearly an effort to contest the election in a mode other than that prescribed by the statute.

Gorman v. Brazelton

168 S.W. 434 · Court of Appeals of Texas · Apr 18, 1914

Clearly, this action of the court was error, and, as it appears that it was reasonably calculated to influence and probably did influence the jury to plaintiff’s prejudice, the assignment is sustained. … The ground of plaintiff’s objection to the testimony of those witnesses was that they had not shown themselves qualified to give such opinions.

Willacy County Appraisal District v. North Alamo Water Supply Corp.

676 S.W.2d 632 · Court of Appeals of Texas · Jun 28, 1984

The burden to establish the requirements for exemption from taxation is on the institution claiming the exemption, and the exemption must be proved in such a manner as to leave no doubt. … Appellants point out certain testimony which clearly shows the realization of private gain by some members of appellee corporation: The corporation’s manager testified that, when memberships were sold by the corporation,

Edwards v. Murphy

256 S.W.2d 470 · Court of Appeals of Texas · Feb 20, 1953

This rule of construction applied to the petition, it is established that a petition to amend a city charter, bearing signatures of the requisite ten (10%) per cent of the qualified voters of the city, was made to the governing … Furthermore, the proposed amendment does not seek to change established classification of firemen, nor establish new classifications, but .accepts classifications as already in existence and prescribes legislation as to such

Shirley v. Dalby

384 S.W.2d 362 · Court of Appeals of Texas · Nov 3, 1964

His report is immune 1 to discovery by reason of one or more of the provisions of the rules now to be discussed. … The Texas Rules conferring power upon courts to order discovery, clearly intend to except from the power granted any authority to order production of such writings as the Blood-worth report.

Hoffman v. Prudential Insurance Co. of America

624 S.W.2d 626 · Court of Appeals of Texas · Sep 17, 1981

Hoffman and his qualified dependents. The insurance contract provides that coverage for “qualified dependents” automatically terminates if that dependent ceases to be a “qualified dependent.” … The terms of the policy clearly specify conditions for extension of coverage to dependents.

Nesbitt v. First Nat. Bank of San Angelo

108 S.W.2d 318 · Court of Appeals of Texas · Jul 14, 1937

Under this state of the record, we think clearly it must be taken as established that the estate was still in course of administration by the bank as executor. Caulk v. Anderson, 120 Tex. 253 , 37 S.W. (2d) 1008 . … This evidence was clearly sufficient to establish the fact that Mrs. Nesbitt had a deed in her possession in Dr. Parsons’ office; that Dr. Parsons stated its effect as securing to Mrs.

Cattlemen's Trust Co. of Ft. Worth v. Swearingen

200 S.W. 596 · Court of Appeals of Texas · Jan 16, 1918

to all the privileges and immunities as such, as well as for its liabilities. … It is evident, I think, from the statutes, that a subscriber who has not paid for his stock has a qualified' ownership in the stock.

the Port of Houston Authority of Harris County, Texas v. Zachry Construction Corporation

513 S.W.3d 543 · Court of Appeals of Texas · Dec 15, 2016

Zachry established its continuing liability to the Sub for the costs the jury assessed. … The Port] has immunity for breach of a contract to which [the Port] is not a party.

Wade v. State

12 Tex. Ct. App. 358 · Court of Appeals of Texas · Jul 1, 1882

There must be established in his mind a conclusion as to the guilt or innocence of the accused, and this conclusion must be such as will influence him in his verdict. … It does not appear that such was the condition of this juror’s mind, and we are clearly of the opinion that he was qualified to serve as a juror in the case.

Miffleton v. State

728 S.W.2d 880 · Court of Appeals of Texas · Apr 8, 1987

Thus, subsection (c) of that article only establishes the punishment for first time offenders. … The judgment below clearly states that this was appellant’s second conviction for DWI.

Texas Mutual Insurance Co. v. Baker

292 S.W.3d 798 · Court of Appeals of Texas · Jul 23, 2009

First, Texas Mutual argues that Baker failed to establish a statutory prerequisite to the jury’s finding that Baker had no ability to return to work. … In order to prevail under this theory, the claimant must produce evidence that establishes the requirements of section 130.102(d)(4) specific to the portion of the qualifying period in which no ability to work is claimed.

United Employers Casualty Co. v. Bezdek

146 S.W.2d 473 · Court of Appeals of Texas · Dec 19, 1940

Moreover, appellant clearly errs in these attacks in so far as they question the qualifications of Dr. … qualified as such an expert, wherefore such of his testimony as was bas.ed upon his general examination as a trained physician, and surgeon was clearly admissible, and there is nothing in this record to show just what part

Commissioners' Court of Navarro County v. Pinkston

295 S.W. 271 · Court of Appeals of Texas · Apr 23, 1927

•We find the following material facts to have been established before the judge of'the lower court: That appellees L. A. Pinkston, G. G. Owen, and T. J. … The language clearly excludes the levying of the tax therein provided for by any other vote than that of the entire county and not for local but for county-wide purposes, and prohibits such tax so authorized from exceeding

Elite Auto Body LLC v. Autocraft Bodywerks, Inc.

520 S.W.3d 191 · Court of Appeals of Texas · May 5, 2017

-Austin 2015) ("The ultimate question of whether a particular factual basis for a 'legal action’ qualifies as expression within the TCPA’s definitions is a question of law that we review de novo.” … LEXIS 1818, at *12-13 (relying on this feature to hold, based on prevailing First Amendment case law, that pre-suit letter threatening litigation qualified, as "exercise of the right to petition”). .

Jordan v. Overstreet

352 S.W.2d 296 · Court of Appeals of Texas · Oct 26, 1961

The order then declared a *299 majority of the qualified voters of said district voted for consolidation. … The detailed records of the election officials as pointed out next above clearly reflected that 266 votes were cast.