Case law

Henderson v. Lindley

75 Tex. 185 · Court of Appeals of Texas · Nov 22, 1889

It appears that an administrator was appointed and qualified, that the-estate was administered in part, and that the administration became vacant. … At all events it was in substantial compliance with the law, and the final order was such as the court clearly had the jurisdiction to make.

Carr v. Jones

403 S.W.2d 181 · Court of Appeals of Texas · May 12, 1966

There is an affidavit by appellee establishing that she qualified as a trustee of the trust in question and participated in the action of the trustees in maintaining and caring for the Anna Maxwell Jones Garden and that the … Although their, limits are not clearly defined, they involve benefits to all the inhabitants of a community by making life there safer, more comfortable, or happier.

Autrey v. Linn

138 S.W. 197 · Court of Appeals of Texas · May 8, 1911

Nevill and the plaintiffs prior to the making of the contract of lease” was inadmissible to qualify, modify, or extend such contract. … It was clearly an invasion of the facts, and was properly refused on that ground.

Mayo v. State

971 S.W.2d 464 · Court of Appeals of Texas · May 14, 1998

The government code sets the minimum qualifications of a juror 1 and thus establishes a defendant’s right to be tried by a qualified jury. … Moreover, the Texas Court of Criminal Appeals has expressly recognized that a qualified voter is not ipso facto a qualified juror. See Shelby v. State, 479 S.W.2d 31, 34 (Tex.Crim.App.1972).

Wheelbarger v. Landing Council of Co-Owners

471 S.W.3d 875 · Court of Appeals of Texas · Jul 30, 2015

A party must “clearly designate the alleged error and specifically explain the basis of its. com *898 plaint in its objection to the charge.” Hamid v. Lexus, 369 S.W.3d 291, 296 (Tex.App. … In light of this reasoning, we need not address Appellants’ arguments that the Charitable Immunity and Liability Act, Chapter 84 of the Civil Practice and Rerrfedies Code, does not confer immunity on the Board members or

Seydler v. Border

115 S.W.2d 702 · Court of Appeals of Texas · Mar 17, 1938

This appeal is from an order of the district court of Wharton county — entered at the behest of the appellees, private citizens of the county, duly qualified to apply therefor — temporarily enjoining the appellants, who constituted … If the pension provided for in this act is a gratuity or donation to the beneficiary, it is clearly forbidden by the fundamental law.

Texas Health & Human Services Commission v. McMillen

483 S.W.3d 576 · Court of Appeals of Texas · Jan 8, 2015

Generally, governmental entities are immune from suit and liability under the doctrine of sovereign immunity. State v. Lueck, 290 S.W.3d 876, 880 (Tex.2009). … Although the Whistleblower Act waives immunity from suit to the extent a governmental entity is Háble under its provisions, see Tex.

Interstate Forwarding Co. v. Vineyard

3 S.W.2d 947 · Court of Appeals of Texas · Jan 28, 1928

Vineyard, the duly elected, qualified, and acting tax assessor of Dallas county, Tex., as such assessor for and on behalf of the county of Dallas and the state of Texas, to require the appellant, Interstate Forwarding Company … Appellant ■is not privileged to violate a plain provision -of a revenue statute, and is not immune, in the event of a violation of it, from a suit to compel its observance.

Beck v. Royal Crown Bottling Company

433 S.W.2d 764 · Court of Appeals of Texas · Oct 3, 1968

These events, with the exception of the fact of the purchase, were established only by her testimony, which was not directly contradicted. … Parts of the bottle were introduced into evidence and were examined by an engineer who qualified as an expert. It was his opinion that the bottle had at some time suffered an impact blow.

Stephens v. Hewett

22 Tex. Civ. App. 303 · Court of Appeals of Texas · Dec 20, 1899

Murrell, who had been appointed and qualified as her guardian in 1894, in reference to a proposition to compromise the case. … Articles B597, B598, 2599 and other provisions of the Revised Statutes clearly contemplate that a person appointed guardian of a minor's estate shall give the bond and take the oath required by statute, as a prerequisite

Lewis v. Saylors

37 S.W.2d 760 · Court of Appeals of Texas · Mar 12, 1931

Lewis duly qualified as community survivor of the estate, and the three tracts of land here involved were all a part of the community estate of Sirs. Lewis and her deceased husband. On February 10, 3917, Mrs. … The above facts being undisputed, we are of the opinion that plaintiff clearly established title to all three tracts of land under the ten-year statute of limitation (Rev.

Jcpenney Life Insurance Co. v. Baker

33 S.W.3d 417 · Court of Appeals of Texas · Nov 16, 2000

In examining these cases, it is clear that Howard’s death is more akin to the situation in Stroburg than that in Mutual Benefit Health. 2 Based on the record in this case, the jury was clearly entitled to find that the evidence … Thus, his opinions are clearly not the type of testimony that can be easily evaluated under the Robinson factors.

Prince v. Inman

280 S.W.2d 779 · Court of Appeals of Texas · May 26, 1955

school trustee of the Warren Independent School District, are both contrary to the overwhelming weight and preponderance of the evidence and the-law applicable thereto, so as to be clearly wrong and unjust, and to constitute … Inman, in selling his home in Warren and moving his family with him to Nacogdoches ' with the ’ established intent to return to Warren in the event the job in Nacogdoches proved, unsatisfactory to him, has vacated his office

Phillips v. State

534 S.W.3d 644 · Court of Appeals of Texas · Jul 27, 2017

A trial court abuses its discretion only when the court’s decision was so clearly wrong as to lie outside the zone within which reasonable persons might disagree. Id.; Wilson, 473 S.W.3d at 899-900 . … The question of whether the witness is qualified to testify as ah expert is a two-part inquiry. Id.

Johnson v. State

913 S.W.2d 736 · Court of Appeals of Texas · Jan 3, 1996

Johnson asserts that a breath sample would “clearly have been potentially useful evidence in support of his contention he was not legally intoxicated,” but he does not argue that the evidence was clearly exculpatory, or that … Based on the evidence, the court could have reasonably found that the test results would not have been exculpatory, but would have established that Johnson was legally intoxicated.

Johnson v. State

267 S.W. 1057 · Court of Appeals of Texas · Dec 6, 1924

Its effect is to render a person immune from the drastic provision of the injunction feature of the said' act until it has been established beyond a reasonable doubt, in a court of competent jurisdiction, that the defendant … The logic of appellant’s contention is that, as the various schools established by the different systems of the practice of medicine to qualify one for the treatment of disease and human deformity are based on radically different

Burdick v. State

474 S.W.3d 17 · Court of Appeals of Texas · Aug 6, 2015

(defendant charged with assaulting a correctional officer could not establish that lost jailhouse video was favorable where “the only evidence concerning the video is that it did not clearly depict the. confrontation and-did … A showing of negligence does - not qualify as bad faith. See Youngblood, 488 U.S. at 58 , 109 S.Ct. 333 .

Sam Houston Electric Cooperative, Inc. v. Public Utility Commission of Texas

733 S.W.2d 905 · Court of Appeals of Texas · May 6, 1987

Even were we to accept the broader construction of § 51(b) urged by SHECO (again assuming arguendo that the proposed facilities qualify as an “extension” under § 51(a)), we still find the proposed facilities would not qualify … A solution is to establish a nqw power source in the New Waverly-Evergreen area which [SHECO] proposes to do with the Evergreen substation.

Davis v. Andrews

361 S.W.2d 419 · Court of Appeals of Texas · Sep 28, 1962

It is a well recognized rule of grammatical construction that a qualified portion of a sentence qualifies that sentence only. … It necessarily qualifies only that part of the sentence relating to warranty and not as to grant.

Roper Gilley v. Lumpkins

163 S.W. 110 · Court of Appeals of Texas · Jan 10, 1914

The facts urged as establishing an interference with appellants’ rights were that long prior to the passage of the act and the ordering of the election appellants had conducted in said county a pool room, and for that purpose … The right to prohibit the operation of pool rooms is clearly conferred by the act itself, and the only step necessary to be taken by the people in order to secure the benefits of the act in the political subdivisions named