Case law

Coffman v. Woods

696 S.W.2d 386 · Court of Appeals of Texas · May 30, 1985

The sixth paragraph of the 1982 will clearly delineates the existence of a contract. See Odeneal v. Van Horn, 678 S.W.2d 941, 942 (Tex.1984); Wiemers, 683 S.W.2d at 356-57 . … The trial court must determine if the 1983 will meets the statutory requisites to qualify as a valid will.

Gulf States Utilities Co. v. Public Utility Commission

784 S.W.2d 519 · Court of Appeals of Texas · Jan 17, 1990

The rule is denominated a “substantive rule” by the Commission, and the rule clearly affects individual rights or obligations to the extent it applies. … Each utility shall establish, and make available for inspection, guidelines for assuring safe and reliable operation of interconnected qualifying facilities.

Jacobsen v. Brown

105 S.W.2d 1108 · Court of Appeals of Texas · Apr 24, 1937

The privileges and immunities clause of the Federal Constitution (Amendment 14) safeguards to the citizen of one state the right to pass through or to reside in any other state for the purpose of trade, etc. … Thereafter, the court acquired only a qualified jurisdiction, namely, a jurisdiction to determine a cause arising from the allegations contained in the amended petition, upon which legal service had been secured and with

Thomas v. Arthur

836 S.W.2d 822 · Court of Appeals of Texas · Aug 28, 1992

A claim under § 1983 requires that the conduct complained of: (1) was committed by a person acting under color of state law, and (2) deprived a person of privileges or immunities, secured by the Constitution or laws of the … The defendants Arthur and Williams knew that the actions [sic] was in violation of plaintiff’s clearly established rights, on 1/8/92.

Terrell v. Clifton Independent School Dist.

5 S.W.2d 808 · Court of Appeals of Texas · Apr 5, 1928

The “independent district” authorized to order such election and, in event of a favorable vote, to levy and collect such taxes, is clearly the enlarged independent district after the annexation thereto of one or more common … or to be established therein.

Riedel v. Kerlick

474 S.W.2d 508 · Court of Appeals of Texas · Nov 24, 1971

The contractual obligation in the joint and mutual will, clearly evidences the intent of the testators to establish a life estate in the community property, with the proviso that should the survivor remarry, the son should … Amos, testatrix, died first and her husband probated the will and qualified as executor. About two years after the death of Mrs.

State Board of Health v. Wilson

188 S.W.2d 999 · Court of Appeals of Texas · Jul 11, 1945

Qualifications required of practitioners performing *1000 obstetric service under the program shall be established by each state health agency. “B. For medical services other than obstetrics. … Sommervell, 170 Misc. 602 , 10 N.Y.S.2d 747 , it is held that the “Work Progress Administration” is a “federal agency” and as such is immune from suit in a state court.

In re D. M.

191 S.W.3d 381 · Court of Appeals of Texas · Mar 30, 2006

recover from is Round Rock Independent School District, which is immune from suit. … Further, the doctrine of parental immunity does not apply under the circumstances of this case.

Charter International Oil Co. v. Tolson Oil Co.

720 S.W.2d 165 · Court of Appeals of Texas · Oct 22, 1986

In its findings of fact and conclusions of law, the trial court held that the proper foundation had not been established to qualify these manifests as business records under Tex.R. of Evid.Ann. 803(6) (Supp, 1986). … Clearly, the approach to reviewing motions for judgment utilized in Church of Life v. Elder, supra, is the better rule.

Johnson v. Elliott

168 S.W. 968 · Court of Appeals of Texas · May 21, 1914

.; that the defendants Elliott and Beavers were, respectively, the duly elected, qualified, and acting tax collector and county clerk of Tar-rant county; (2) that on the 23d of October, 1913, the plaintiff filed with the … That fact is more clearly disclosed by the concluding paragraph of the statute quoted above.

Deal v. Bonner

700 S.W.2d 721 · Court of Appeals of Texas · Nov 14, 1985

Decisional law has settled the question and established that a show cause hearing may and, indeed, in some circumstances, should be had in a writ of mandamus proceeding before the expiration of the 20 days from the date of … Section 3 provides that all persons who are qualified resident voters of the town may cast ballots.

Traders & General Ins. Co. v. Locklear

119 S.W.2d 153 · Court of Appeals of Texas · Jun 22, 1938

In the circumstances in which the issue of partial disability was raised in this case (as a defensive issue to plaintiff’s claim of total incapacity) the burden of proof was upon plaintiff to establish the negative of the … The statute clearly intends to clothe the board with broad discretionary powers in considering matters that bear on the question to be.determined.

Texas Department of Transportation v. Henson

843 S.W.2d 648 · Court of Appeals of Texas · Nov 12, 1992

Testimony at trial established that before appellee’s accident, several of the barrels had been hit by motorists. … The barrel-signs clearly are warning devices. They were used to warn motorists that the lane ended and curved onto an adjacent lane.

W.C. Wright v. Graves

671 S.W.2d 586 · Court of Appeals of Texas · Apr 5, 1984

At intervals of not less than twelve months, ten per cent of the qualified property tax paying voters of a county may petition such court to provide for the establishing or enlarging of a county hospital, or any medical or … Whenever any such proposition shall receive a majority of the votes of the qualified property tax payers voting at such election, said commissioners court shall establish and maintain such hospital or facilities and shall

City of Houston v. Quinones

172 S.W.2d 187 · Court of Appeals of Texas · May 20, 1943

The rule that words must be taken in their ordinary sense, unless a technical sense is clearly indicated, is founded on common fairness. … Such evidence was clearly jury misconduct.

Bolden v. State

923 S.W.2d 730 · Court of Appeals of Texas · Apr 29, 1996

In exchange for immunity from prosecution, two co-defendants, Ravin Tucker (“Tucker”) and Rosiland Guster (“Guster”), testified on be *733 half of the State. … First, the defendant must establish a prima facie showing that the State exercised its peremptory challenges on the basis of race.

Dashiell v. W. L. Moody & Co.

44 Tex. Civ. App. 87 · Court of Appeals of Texas · Oct 31, 1906

Oliver had qualified as survivor. This suit was instituted September 15, 1903. … Clearly the provision of the agreement was no obstacle to plaintiffs’ propounding their claim to the administrator after January 1, 1901, or to their bringing an action to establish their claim against the estate upon his

Earnest v. Woodlee

208 S.W. 963 · Court of Appeals of Texas · Jan 29, 1919

Tabor, referred to in the ninth proposition, were not qualified signers. … S., as it now reads, clearly does not apply to this situation. The cases of Linger v. Balfour, 149 S. W. 795 , and Savage v. Umphries, 118 S.

Houston v. Grocers Supply Co., Inc.

625 S.W.2d 798 · Court of Appeals of Texas · Dec 10, 1981

In our opinion the summary judgment proof establishes as a matter of law the conditional privilege and supports the trial court’s judgment. … Chadwick’s position as personnel director peculiarly qualifies him to have personal knowledge concerning the facts in regard to the discharge of Houston, and Chadwick would clearly be competent to testify as to his own actions

City of Houston v. Glenshannon Townhouse Community Ass'n

607 S.W.2d 930 · Court of Appeals of Texas · Oct 2, 1980

The Court in Monell conducted an exhaustive analysis of the legislative and judicial history of Title 42 § 1983 and concluded that a municipality qualifies as a “person” subject to liability for deprivations of civil rights … Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed. 492 (1961) “insofar as it holds that the local governments are wholly immune from suit under § 1983.”