Case law

Brickley v. Finley

143 S.W.2d 433 · Court of Appeals of Texas · Jul 11, 1940

Unless the action is founded on a new promise, the action of the t-rial court was clearly correct. … Article 5539b, Vernon’s Annotated Civil Statutes, requires that the pleading embrace the cause of action before it is immune to the plea of limitation.

City of Austin v. Capitol Livestock Auction Co.

434 S.W.2d 423 · Court of Appeals of Texas · Nov 6, 1968

We are unwilling to hold that the trial court clearly abused his discretion in excluding Culp’s testimony based solely on his investigations in January, 1967. … The rule is settled that value is established through testimony of qualified witnesses expressing opinion as to market value before and after condemnation.

Wilson v. Abilene Independent School Dist.

190 S.W.2d 406 · Court of Appeals of Texas · Oct 26, 1945

Likewise, it has been clearly pointed out when a direct appeal to the courts is the proper procedure. … No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.”

Tyler v. Cook

573 S.W.2d 567 · Court of Appeals of Texas · Oct 11, 1978

It would appear that a qualified voter living in a rural county not having a street address nor a rural route address would not be qualified to sign a petition under Art. 13.08(d). … We hold that the respondents’ application substantially complied with the Code, and their right to appear on the ballot has been established. The writ of mandamus is denied. .

U. S. Letter Carriers Mutual Benefit Ass'n v. Sypulski

364 S.W.2d 840 · Court of Appeals of Texas · Feb 8, 1963

Sypulski was an individual qualified to contract with the Association for such insurance and he did so. … to the special issue was clearly the product of something other than reason.

Texas Department of Transportation v. Andrews

155 S.W.3d 351 · Court of Appeals of Texas · Jan 6, 2005

Although it appears from photographs attached to the plea to the jurisdiction that the embankment at the end of the extension is not clearly visible from the beginning of the extension, the barricade is clearly visible. … Certainly, based on the record before us, TXDOT did not establish immunity. Because there are disputed issues of fact regarding jurisdiction, the trial court did not err in denying TXDOT's plea to the jurisdiction.

Ball v. Knox

768 S.W.2d 829 · Court of Appeals of Texas · Mar 9, 1989

The property code clearly states that no substantive changes were intended by the codification of art. 1291b. Since the conveyances in the sixth paragraph in Mr. … Hogan’s intent in conveying his estate: First: I wish to establish a Trust whereby GERTRUDE buchanan will continue to occupy my residence so long as she may live, That the house and furnishing will be well maintained, taxes

Milam v. Hill

29 Tex. Civ. App. 573 · Court of Appeals of Texas · Jun 7, 1902

Milam, who was alleged to have duly qualified and to be acting as independent executor of the last will and testament of said B. R. Milam, and against R. F. … This may perhaps be properly designated as an effort to establish a trust rather than to establish a money demand against the estate of B. R. Milam within the meaning of said section 6 of article 1194.

Fletcher v. State

39 S.W.3d 274 · Court of Appeals of Texas · Jan 11, 2001

Therefore, Hampton’s testimony was needed to establish the weight of the substance. … The testimony of a co-defendant was needed to establish the existence of adulterants and dilutants in the substance found in that container. Id. at 473.

Atkinson v. Kettler

372 S.W.2d 704 · Court of Appeals of Texas · Sep 27, 1963

Having established the trust she then states clearly, and in detail, those persons whom she desires to receive the income from such trust. … She clearly says that she wants to establish a trust whereby all of the income of all of her property is to be divided into three equal parts and to be given to the specific and natural objects of her bounty, namely, her

In the Interest of M.D.S.

1 S.W.3d 190 · Court of Appeals of Texas · Jul 29, 1999

It is uncontrovert-ed that none of the relevant circumstances were established in the instant case. … ‘What is required is that the offering party establish that the expert has ‘knowledge, skill, experience, training, or education’ regarding the specific issue before the court which would qualify the expert to give an opinion

Martine v. BD. OF REGENTS, STATE SR. COLLEGES, ETC.

578 S.W.2d 465 · Court of Appeals of Texas · Feb 22, 1979

The answer continued that appellant alleged no cause of action against the individual appellees because all actions taken by the individual appellees were clearly in their official capacity, appellant did not seek any relief … facts alleged by the plaintiff are true and, in determining whether the action of the trial court was erroneous, it must consider all such allegations and the reasonable inferences to be drawn therefrom which would tend to establish

Quintana v. State

29 Tex. Ct. App. 401 · Court of Appeals of Texas · Mar 11, 1891

The court, in qualifying the bill of exception, says that “defendant, by his attorney, objected on the ground that defendant was in jail at the time.” … That he expected immunity does not affect the admissibility of, but might affect the weight to be attached to, the evidence. 4 Grim. Law Mag., 331, 332, and authorities there cited.

Abshier v. Aiken

191 S.W. 766 · Court of Appeals of Texas · Dec 8, 1916

“Article 2585, Vernon’s Sayles’ Texas Civil Statutes 1914, provides: ‘After the establishment of any drainage district as herein provided, the commissioners’ court shall appoint three drainage commissioners, all of whom shall … to vote for such commissioners if he is otherwise qualified.

Becon Construction Co. v. Alonso

444 S.W.3d 824 · Court of Appeals of Texas · Sep 25, 2014

workplace insurance plan established on the Motiva project. … involved a worksite arrangement similar but not identical to the one at issue here, the First Court of Appeals explained that where general workplace insurance plans exist, “the purposes of the Act are best served by deeming immune

Sheet Metal Workers Local No. 175 v. Walker

236 S.W.2d 683 · Court of Appeals of Texas · Feb 9, 1951

Walker alleged, in ■ substance, that before the establishment of said picket line the Union demanded he execute a contract which had the effect of making his sheet metal business a closed shop, in violation of Articles 5207a … The provisions of said contract preceding Article XI clearly provides for a *685 closed shop, contrary to the laws of Texas. Art. 5207a, Secs. 2 and 3.

Houston, E. & W. T. Ry. Co. v. Cavanaugh

173 S.W. 619 · Court of Appeals of Texas · Jan 19, 1915

We think this testimony, showing as it does such long-continued familiarity with and experience in the use and effect of dynamite as an explosive, qualified the witness to testify as an expert. … He has a right to immunity from this injury, and the other man owed him the duty of securing him immunity.

Northeast Community Hospital v. Gregg

815 S.W.2d 320 · Court of Appeals of Texas · Aug 21, 1991

The record demonstrates clearly that the documents in question were timely tendered for in camera inspection and further that no in camera inspection was ever conducted by Judge Gregg. … Subsequent to submission we granted permission to the Hospital to file the supplemental record which clearly reflects that the documents were timely tendered to the court during such hearing. 2 .

Veterans' Administration v. Kee

692 S.W.2d 181 · Court of Appeals of Texas · May 29, 1985

Appellant contends that this regulation is required to be judicially noticed by us and “unequivocally removes any question about the immunity of VA compensation benefits from garnishment.” … as that advanced by appellants here “would have the rather anomalous result of excluding from garnishment the entirety of a sum even though a portion thereof is received only on condition of waiver of compensation which clearly

Galveston Tribune v. Johnson

141 S.W. 302 · Court of Appeals of Texas · Nov 9, 1911

But under this and other assignments a question is raised which may as well be decided here. [11] The fact of the publication was established. go far as we can find from the record, no attempt was made to establish the truth … This is what in the authorities is spoken of as conditional or qualified privilege.