Case law

Carney v. Aicklen

587 S.W.2d 507 · Court of Appeals of Texas · Aug 30, 1979

The evidence clearly indicates that the income from Mrs. Loud’s trust estate was sufficient to take care of her needs and therefore there was no necessity to obtain additional income. … By the sixth point, appellant contends that the trial court erred in denying her application for appointment because she contends the evidence conclusively establishes that she was qualified to be appointed guardian.

Anthony, John Dennis Clayton

Court of Appeals of Texas · Jun 30, 2015

Clearly, this request was broad enough to require the inclusion of one granted Motion. … Appellant respectfully contends that neither Trial Counsel nor the Honorable Judge from Bailey County is qualified as such an expert.

Sayles v. City of Abilene

290 S.W. 239 · Court of Appeals of Texas · Dec 3, 1926

voters had been obtained for the sale of a part of the waterworks system, because the petition clearly shows that the land sold was never a necessary part of such waterworks system. … Unless it clearly appears that appellant could not, without resorting to parol testimony, show the permit under consideration between the parties, his right to a hearing should not be denied by sustaining a demurrer.

Dickerson v. State

169 S.W.2d 1005 · Court of Appeals of Texas · Mar 24, 1943

principle which we have above .applied is that there is a total and absolute absence of liability on the part of the State for the tortious acts of its officers, agencies and employees; and not merely a “defense of sovereign immunity … This general principle is well established. See 38 Tex.Jur., p. 860, 861, § 39, and notes 13 and 18, 19 and 20; Id. pp. 864, 865, § 43.

Poon v. Miller

234 S.W. 573 · Court of Appeals of Texas · Nov 2, 1921

“to carry on trade, wholesale and retail, in the United States,” and “generally to do anything incident to or necessary for trade upon the same terms as the natives of the country, submitting themselves to the laws then established … Not only is no such power or authority lodged in the Legislatures of the different states, but in article 6 of the Constitution it is clearly and unequivocally declared: “This Constitution, and the laws of the United States

Kaufman v. Islamic Society of Arlington

291 S.W.3d 130 · Court of Appeals of Texas · Jul 16, 2009

photocopied musings) would always qualify as such. … Front Page Magazine is clearly both electronic and accessible to the public; it would therefore qualify as a “news medium” under the statute, and Kaufman would qualify as a contributor to that medium. See id.

Healthsouth Rehab. Hosp. of Beaumont, LLC v. Abshire

561 S.W.3d 193 · Court of Appeals of Texas · Mar 30, 2017

A physician is qualified to submit an expert report on the causal relationship between a departure from the standard of care and an injury when he would otherwise be qualified to address causation under the Texas Rules of … The expert report must establish that the expert is qualified to render opinions about the standard of care and causation, and the reviewing court cannot fill in gaps in a report by drawing inferences. Rosemond v.

In re Collin County

528 S.W.3d 807 · Court of Appeals of Texas · Aug 21, 2017

In their petition, the commissioners contend, among other things, that both the payment order and rule 4.01B violate arti-ele 26.05 of the code of criminal procedure, rendering the payment order void. 2 Article 26.05 clearly … Generally, the legislature may delegate the power, to establish rules, regulations, or minimum standards reasonably necessary to carry out the expressed purpose of a legislative act.

Groom v. State

23 Tex. Ct. App. 82 · Court of Appeals of Texas · Feb 12, 1887

We are of the opinion that Wood was a qualified juror, notwithstanding he did not actually reside, and could not legally vote in said Wheeler county. … We hold, therefore, that said Wood was a qualified juror to serve in the trial of this cause. Opinion delivered February 12, 1887.

Johnson v. Phillips Petroleum Co.

257 S.W.2d 813 · Court of Appeals of Texas · Feb 2, 1953

In this cause, the midpoint a-s established on the lowest qualified bank was 1.4 feet above the level of the flowing water that just reached the bank. … With these elements established a plane was run from the above midpoint at 1.4 feet on the qualified bank parallel 'with the surface of the flowing water, and the point where such plane touched the' south bank of the river

McKnight v. Calvert

539 S.W.3d 447 · Court of Appeals of Texas · Dec 12, 2017

waiver is an exception to the general rule of governmental immunity. 11 In an exception to the exception, the waiver of immunity does not apply to claims arising from "the absence, condition, or malfunction of a traffic … evidence. 36 A reviewing court must consider and weigh all of the evidence and can set aside a verdict only if the evidence is so weak or the finding is so against the great weight and preponderance of the evidence as to be clearly

Weaver v. Board of Trustees of Wilson Independent School Dist.

184 S.W.2d 864 · Court of Appeals of Texas · Dec 4, 1944

Article 2922Í provides, in substance, that the county board of school trustees shall not have the authority to abolish any elementary school district already established except upon the vote of a majority of the qualified … By article 2922e it is provided that “the control and management of the schools of a rural high school district, established under the provisions of this Act, shall be vested in a board of seven trustees, elected by the qualified

Town of De Kalb v. State Ex Rel. King

71 S.W.2d 299 · Court of Appeals of Texas · May 3, 1934

(c) The state and the relator, King, delayed the institution of this suit for an unreasonable length of time. ' The court rendered judgment on the verdict, establishing the legal boundaries of said town as defined by the … Clearly he could not, under such circumstances, be the sole beneficiary of a decree avoiding such annexation.

Blackmon v. Nelson

534 S.W.2d 439 · Court of Appeals of Texas · Mar 9, 1976

Nelson on July 8, 1974, and Frances Dacus Blackmon was appointed independent executrix of the will and promptly qualified. Thereafter, on October 4, 1974, Mrs. … The opinion clearly holds that a jury finding that a will is the product of undue influence does not, as a matter of law, bar a recovery by an executor when it is also established, under all the circumstances of the case,

Gonzalez v. City of Mission

620 S.W.2d 918 · Court of Appeals of Texas · Aug 20, 1981

In the case before us, the summary judgment proof establishes as a matter of law that no such relationship existed. … The contract between the City and HUD clearly shows that it was designed to assist a broad class of people, not just one individual family.

Sitterle v. Victoria Cold Storage Co.

33 S.W.2d 546 · Court of Appeals of Texas · Oct 22, 1930

governmental functions necessary to carry out the grant are administrative ; they rest peculiarly within the province of city councils; and the courts have no power to usurp those functions and set themselves up as -better qualified … In this view of tbe case it is perhaps true that the declaration in the ordinance ill question that slaughtering establishments within the city limits were nuisances was surplus-age, for clearly under the express grant tbe

Galveston, H. & S. A. Ry. Co. v. Miller

191 S.W. 374 · Court of Appeals of Texas · Dec 6, 1916

The distinction between the method of selecting the jurors for the week’s panel and that of selecting jurors for the trial of the particular cause is clearly drawn by two decisions of our appellate courts: In one Justice … The following cases announce the same doctrine, and many more could be added, but the principle is so well established that it seems to us to be unnecessary to multiply authorities: Railway v. Doyle, 25 S.

Vinmar, Inc. v. Harris County Appraisal District

890 S.W.2d 493 · Court of Appeals of Texas · Nov 23, 1994

In decisions prior to Complete Auto, this was clearly the rule. E.g., Independent Warehouses, Inc. v. … Appellant, as the taxpayer, has the burden of clearly establishing its Commerce Clause immunity from the tax assessed by the local authorities. See Container Corp. of Am. v.

Bernal v. City of El Paso

986 S.W.2d 253 · Court of Appeals of Texas · Mar 31, 1998

Thus, the question on appeal is not whether the summary judgment proof raises fact issues as to required elements of the movant’s cause or claim, but whether the summary judgment proof establishes, as a matter of law, that … We find under the facts here that the defect was clearly related to a street.

Seyffert v. Briggs

727 S.W.2d 624 · Court of Appeals of Texas · Feb 10, 1987

Seyffert had not contended that she qualified for inheritance directly under Section 13.22, but she contends that Hubert W. … Seyffert’s pleading clearly shows that her contention of heirship is based upon Section 13.24 of the Texas Family Code. 6 .