Case law

Grand Lodge, Colored K. P. of Grand Jurisdiction v. Sanford

289 S.W. 456 · Court of Appeals of Texas · Dec 16, 1926

The laws of the order clearly defined the offense for which appellees were tried and prescribed the punishment to be inflicted therefor. … That they did file such suit was established by the evidence before said tribunal and admitted by appellees in the trial of this case.

Simmons v. Campbell

213 S.W. 338 · Court of Appeals of Texas · May 28, 1919

Barrett was appointed and duly qualified as temporary administrator. … The fifth subdivision of the application for probate is not' necessary unless the proponent of the will desires to obtain letters testamentary, clearly indicating that the proponent of the will is not required to be qualified

City Council of Austin v. Save Our Springs Coalition

828 S.W.2d 340 · Court of Appeals of Texas · Apr 29, 1992

An act is ministerial when the law clearly spells out the duty to be performed by the official with sufficient certainty that nothing is left to the exercise of discretion. … In those cases, the charter provisions and the facts clearly established that the public official had no discretion to exercise. See e.g.

Koehler v. Dubose

200 S.W. 238 · Court of Appeals of Texas · Jan 2, 1918

In section 4 of that law, it is distinctly and clearly provided that certain existing matters and things shall not be affected by the act, each matter being specified. … There are two classes of privileged occasions or communications, the first absolute privilege, and the second qualified privilege.

Receivers of Kirby Lumber Co. v. Owens

56 Tex. Civ. App. 370 · Court of Appeals of Texas · Jun 9, 1909

The facts in this case are that the Kirby Lumber Company was chartered by the State of Texas to establish and maintain a lumber *373 company, "to acquire, hold and own lands by lease or purchase for the purpose of acquiring … The facts clearly establish that the line of railway operated by appellants was in nowise different in its construction and equipments from the railroads in use throughout the country and that it was used as other railroads

McVeigh v. International Travelers Assur. Co.

101 S.W.2d 644 · Court of Appeals of Texas · Dec 12, 1936

answered,“It would be hard to say that; that would have to be qualified in saying that it ‘reasonably could’, because those things are decidedly .involved — the only way I could answer that, is to say, it would be possible … Doubtless, few people are immune from pre-existing tendencies or incipient disease that remain quiescent and dormant until aroused by a physical injury or shock, lowering resistence, and when thus aroused, may -contribute

Rogers v. Scaling

298 S.W.2d 877 · Court of Appeals of Texas · Feb 1, 1957

City of Dallas, 235 S.W. 513 , in discussing the owner’s right of use of property, said: “It is a right which takes into account the equal rights of others, for it is qualified by the obligation that the use of the property … Neither does the fact that the City, acting under a valid ordinance, granted a permit for the sign necessarily accord to defendants complete immunity from damages inflicted on a private property owner.

Johnson v. Poe

210 S.W.2d 264 · Court of Appeals of Texas · Mar 25, 1948

. 951 , has definitely and pointedly decided that heirs of a decedent, whose will they are interested in setting aside, are prohibited by the terms of the statute from testifying as to statements by testatrix tending to establish … Hayes, even though he had been properly qualified as a medical expert to testify in the cause, was clearly disqualified as such to express an opinion on the question of whether Jessie Poe could or did unduly influence or

Sparrow v. Tillman

283 S.W. 877 · Court of Appeals of Texas · Apr 15, 1926

The question as to whether a witness is qualified as an expert is largely within the discretion of the trial couit, and, unless it appears that his ruling is clearly wrong, the appellate courts will not disturb same. … Under the rule now established by the Supreme Court, where the suit is for unliquidated damages, unless the jury finds interest, same cannot be added to their verdict. St. L. & S. W. Ry. Co. v. Seale & Jones (Tex. Com.

Childress County v. Sachse

310 S.W.2d 414 · Court of Appeals of Texas · Feb 3, 1958

Sachse, had been duly elected to the office of Commissioner of Precinct 3 of said county at the General Election held in November, 1954, had duly qualified and had taken office on January 1, 1955, and was serving in such … According to the record before us and under the cited and numerous other authorities it clearly appears that appellee, L. A.

Prestegord v. Glenn

436 S.W.2d 623 · Court of Appeals of Texas · Nov 11, 1968

Glenn and Hegedus were qualified as specialists in the field of obstetrics and gynecology. Dr. … Prestegord, clearly shows there was no negligence on the part of Dr. Glenn in his diagnosis or his treatment of Mrs. Prestegord. He further stated there was nothing that could have been done that was not done. Dr.

Coleson v. Bethan

931 S.W.2d 706 · Court of Appeals of Texas · Oct 3, 1996

Appellee’s assertion in his brief that “[t]he record clearly indicates that guardian’s counsel attempted to contact Appellant” is not supported by the transcript. … Sometimes the relationship can be established only by a legally effective appointment of the lawyer to represent a person.

International Security Life Insurance Co. v. Ramage

446 S.W.2d 944 · Court of Appeals of Texas · Jul 21, 1969

Now, may I qualify or say something here as a rule of thumb, we more or less take the charges that Blue Cross allows. … The usual and customary charges for like services and material furnished generally by the qualified hospital of confinement we think is sufficient when the witnesses are properly qualified to testify.

DeGrummond v. Smith

168 S.W.2d 899 · Court of Appeals of Texas · Jan 8, 1943

The first point is to the effect that the court erred in approving such final account because the pleadings and the evidence establish conclusively that the accounting did not include the amounts of her insane ward’s funds … It clearly shows the legislative purpose and intent that the right of a survivor in community to administer the community property shall be superior to the right of a guardian of an insane person to administer.

City of San Benito v. Cervantes

595 S.W.2d 917 · Court of Appeals of Texas · Mar 6, 1980

He may or may not be a citizen of the City of San Benito, when appointed but shall immediately establish his residence within the city upon accepting office. … Section 1 of Article XXV of the Charter under consideration clearly states that the city manager is “removable at will.” A similar provision was construed in Ratliff v.

Bennett v. Jackson

172 S.W.2d 395 · Court of Appeals of Texas · May 20, 1943

They sought to establish the allegations relied upon for recovery by a comparison of the purported will with the admitted handwriting of the testator and by the testimony of a duly qualified handwriting expert who testified … No attempt was made to qualify any of these witnesses as a handwriting expert.

Jones v. State

1 Tex. L. R. 545 · Court of Appeals of Texas · Nov 15, 1882

The State the prosecution was for murder, and the court charged as follows: “When the fact of the killing has been clearly established, and it has not been shown to be the result of accident, or to have been done under such … In passing upon this charge the court says: “ It is clearly erroneous in so far as it shifts the burden upon the defendant to establish mitigating facts and cb-cumstances.

Lipsey v. Lipsey

983 S.W.2d 345 · Court of Appeals of Texas · Dec 28, 1998

The Plan mandates that if the participant is married to a “qualified spouse” at the date of death, the beneficiary shall be the qualified spouse. … Fam.Code Ann. § 3.63. 4 The trial court has wide discretion in the division of marital property and its decision will not be disturbed unless it is shown the court has clearly abused its discretion. See Jacobs v.

Benefit Ass'n of Ry. Employes v. Dover

167 S.W.2d 1047 · Court of Appeals of Texas · Jan 18, 1943

There is nothing in the policy here involved which indicates a purpose or intention, either to establish or change any rule of evidence as contended by appellee. … This expression clearly indicates that if the absence of the insured had been made an exception from the risk assumed, or proof of actual death had been made a condition precedent to the right of recovery on the policy, it

Baldacchi v. Goodlet

145 S.W. 325 · Court of Appeals of Texas · Feb 14, 1912

The facts alleged in the petition and established by the evidence adduced on the hearing are as follows: Each of the plaintiffs is a licensed retail liquor dealer, and is carrying on the business of a retail liquor dealer … But the whole scope of the article shows clearly what is meant by the judicial department of the government. The word ‘judicial’ is, however, used not with strict accuracy in another sense.