Case law

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.

Lamm v. Chambers

18 S.W.2d 212 · Court of Appeals of Texas · May 29, 1929

It may be true, as alleged by appellant, that “only a small percentage of the qualified electors of said city voted,” but that does not militate against the fact that an election was held, at which every qualified voter had … intrusted with the execution of a power, and is not confined to a particular mode, but has a discretion in the choice of means, a plain case of the abuse of the discretion resulting in direct injury to the petitioner must be clearly

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 .

State Ex Rel. Armstrong v. City of Gladewater

242 S.W.2d 650 · Court of Appeals of Texas · Sep 13, 1951

Starnes, one of the signers of the affidavit to the petition, was not á qualified voter as required by the statutes and did not live in the area at the time. … It is clear to us that the caption here is sufficiently inclusive to cover the validating of the boundary lines of the City of Gladewater as established by the ordinance of November 29, 1949.

Copeland v. Tarrant Appraisal District

906 S.W.2d 148 · Court of Appeals of Texas · Oct 5, 1995

The TAD denied the request because appellant’s interest in the property did not qualify as an ownership interest. … Almost as well-established is the expectation that a life tenant, rather than the remainder-man, will pay taxes on the property.

Payne v. Massey

190 S.W.2d 419 · Court of Appeals of Texas · Aug 1, 1945

The Supreme Court in the case of Ex parte Sterling, supra [ 122 Tex. 108 , 53 S.W.2d 295 ], announces the well established rule governing in actions of this nature : “Under the well-established rules of equity jurisprudence … Appellant’s case is controlled by the cited authorities under which he is clearly shown not to be entitled to the injunctive relief sought.

Roberts v. Carlisle

4 S.W.2d 144 · Court of Appeals of Texas · Feb 4, 1928

Defendant prayed for judgment establishing her claim against the estate of P. G. … Osborne, deceased, to establish a claim against said estate in favor of defendant.

Morales v. State

745 S.W.2d 483 · Court of Appeals of Texas · Feb 4, 1988

The State failed to establish the predicate surprise and injury for impeaching its own witness. … The State’s argument appears to be that despite Granados’ failure to incriminate appellant at the immunity hearing the State still expected Granados to incriminate appellant in the jury’s presence once immunity was granted

Stuart v. Tarrant County Child Welfare Unit

677 S.W.2d 273 · Court of Appeals of Texas · Sep 27, 1984

Additionally, she admitted that Michelle had never been immunized, and that although Michelle could say a few words, at age three and one half she was unable to put sentences together. Mrs. … Although there is only meager evidence that Lloyd and Susan Stuart ever abused Jeremy, the record clearly reflects that the Stuarts did neglect and abuse Michelle on a continual basis.

In Re Fowler's Estate

87 S.W.2d 896 · Court of Appeals of Texas · Oct 23, 1935

On February 6, 1933, he was so appointed and qualified as such. On February 16, 1933, Edward T. … Fowler and that in which the will was written, and are clearly of the opinion that the will was written by the deceased.

Austin v. First Nat. Bank of Teague

205 S.W. 839 · Court of Appeals of Texas · Jun 26, 1918

Moore, of Travis county (now in Freestone county), Tex., who is the duly appointed, qualified, and acting receiver of the Farmers’ & Merchants’ State Bank of Teague, Tex., thereunto duly appointed, qualified, and acting under … Moore was duly appointed, and thereafter qualified, and is now and ever since has been the duly appointed, qualified, and acting, receiver of said Farmers’ & Merchants’ State Bank, under proper qualification .and orders of

Hernandez v. State

501 S.W.3d 264 · Court of Appeals of Texas · Aug 31, 2016

Based on this record, [appellant’s] conviction is clearly wrong and manifestly unjust. … The facts clearly show that the verdict in this case is contrary to the law and the evidence.

Cortez v. Mascarro

412 S.W.2d 342 · Court of Appeals of Texas · Feb 15, 1967

In the absence of a request for voir dire examination, the competency of the witness is established by his statement that he knows the value of the article in question. 2 McCormick, Texas Law of Evidence, § 1422, p. 260 ( … is well settled that the qualification of a witness to testify on the question of value is primarily to be determined by the trial court, and the ruling of the trial judge will not be disturbed on appeal unless it is so clearly

Christopher Hoskins v. Perry Fuchs

517 S.W.3d 834 · Court of Appeals of Texas · Dec 22, 2016

To qualify as defamatory, a statement should be derogatory, degrading, somewhat shocking, and contain elements of disgrace. Better Bus. Bureau of Metro. Houston, Inc. v. … due course of a judicial proceeding will not serve as the basis of a civil action for libel or slander, regardless of the negligence or malice with which they are made.”), However, he does not mention judicial-proceedings immunity

City of San Antonio v. Coultress

169 S.W. 917 · Court of Appeals of Texas · Jun 22, 1914

Now, the charter is stating what powers the council shall have and how those powers are to be exercised, and in doing so, it is clearly stated that the council shall have power by ordinance to establish its police force. … To establish, regulate and support night watch and police, and define the duties thereof." This clearly refers back to the requirement that this be done by an ordinance.

Kruegel v. Cobb

58 Tex. Civ. App. 449 · Court of Appeals of Texas · Jan 8, 1910

Lansing, supra, it is said that, “from the very necessity of the case this immunity from private liability extends not only to negligent, but wilful and malicious judicial acts,” citing Pratt v. … Of course, the application of this principle or immunity depends upon whether the particular or given act was ministerial or judicial. The action will in the former case be sustained, and in the latter it will not.

Sportatorium, Inc. v. State

115 S.W.2d 483 · Court of Appeals of Texas · Feb 12, 1938

Id., § 19: “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.” … L.R. 1116, clearly points out the latitude of the lawmakers as to this phase of the police power.

Henderson v. Miller

286 S.W. 501 · Court of Appeals of Texas · May 15, 1926

The county‘board of school trustees shall not have the authority to abolish or consolidate any elementary school district already established except upon the vote of a majority of the qualified electors residing in such elementary … which the language used clearly expresses.

Austin Transportation Study Policy Advisory Committee v. Sierra Club

843 S.W.2d 683 · Court of Appeals of Texas · Jan 13, 1993

Assuming the Sierra Club had the burden of proof to establish all issues relative to attorney’s fees, we shall consider these points as no-evidence points. … Governmental Immunity In its second point of error, SDHPT contends that it is not subject to an award of attorney’s fees because it possesses government immunity.

Lincoln Property Co. v. DeShazo

4 S.W.3d 55 · Court of Appeals of Texas · Oct 28, 1999

Because the evidence is sufficient to support the jury’s verdict, and because the trial court did not clearly abuse its discretion by allowing a former police officer to testify as an expert for DeShazo, we affirm the trial … The record establishes that neither the bar nor Lincoln provided two security employees to patrol the parking lot. In Havner v.