Case law

City of Belton v. Head

137 S.W. 417 · Court of Appeals of Texas · May 3, 1911

At the ensuing regular election, held April 6, 1909, appellee was elected mayor of said city, and qualified as such April 14, 19,09, since which time he has been acting as mayor of said city. … This last clause clearly indicates that said salary or compensation might be changed at any time, provided it is not done during the term for which said officer should be elected or appointed.

Jones v. State

13 Tex. Ct. App. 1 · Court of Appeals of Texas · Oct 11, 1882

The State the prosecution was for murder, and the court charged as follows: “When the fact of killing has been clearly established, and it has not been shown to be the result of accident, or to have been done under such circumstances … 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 circumstances.

Cain v. Church

131 S.W.2d 400 · Court of Appeals of Texas · Jul 29, 1939

Arts. 1981 and 3314 R.S. clearly provide and contemplate that only the executor can maintain suit for the collection of debts due the. estate, and is entitled to the exclusive possession of all funds recovered for purposes … A surviving widow is not permitted to intervene in any such suit pending administration, claiming an interest in her own behalf, without setting up and establishing certain well-defined exceptions to the general rule that

Minardus v. Zapp

112 S.W.2d 496 · Court of Appeals of Texas · Jan 5, 1938

. §§ 585 to 590 note, authorized the establishment of the CCC and provided that the President of the United States should promulgate rules and regulations making the act effective, which he did. … The agreement is clearly in violation of the rules which prohibit the making of "allotments to trustees."

Walters v. Livingston

519 S.W.3d 658 · Court of Appeals of Texas · Feb 15, 2017

The pipe service shall be conducted by a qualified Native American chaplain or volunteer. … In reviewing a summary judgment, this court must apply the standards established in Nixon v. Mr.

Public Utility Commission of Texas v. City of Austin

728 S.W.2d 907 · Court of Appeals of Texas · Apr 15, 1987

SOVEREIGN IMMUNITY The Commission asserts, in a companion point of error to its jurisdictional challenge, that the City’s suit to obtain declaratory relief is barred by the doctrine of sovereign immunity. … By its terms Section 48 clearly applies to the City of San Antonio unless Section 48 is dependent upon the definition section of 1446c for meaning.

Fields v. Cotten

383 S.W.2d 84 · Court of Appeals of Texas · Oct 14, 1964

Creiger were qualified to vote is supported by the evidence. … It appeared that the intention of each voter was clearly ascertainable.

Davis v. Sinclair Refining Co.

704 S.W.2d 413 · Court of Appeals of Texas · Dec 12, 1985

Therefore, it follows that only one of the appellee companies can claim the privilege of immunity under the Workers' Compensation Act. … explained: An employer may become a third-person tortfeasor, vulnerable to tort suit by an employee, if—and only if—he possesses a second persona so completely independent from and unrelated to his status as employer that by established

Texas Power Corporation v. Kuehler

34 S.W.2d 381 · Court of Appeals of Texas · Nov 20, 1930

That certain witnesses who testified as to market value had not qualified thereon, but based their evidence in replacement value. 2. … Neither of these witnesses showed that he knew any other method of ascertaining market value, and we think clearly the testimony, in so far *Page 384 as it sought to establish market value, was inadmissible; and the objections

National Life and Accident Insurance Co. v. Shern

389 S.W.2d 726 · Court of Appeals of Texas · Apr 14, 1965

The term “no evidence” does not mean literally no evidence at all, it com *728 prehends those situations wherein by the application of established principles of law, the evidence is deemed legally insufficient to establish … These witnesses were not qualified to give testimony as to the effect the disease of emphysema had on Mrs.

Osborne v. Keith

173 S.W.2d 954 · Court of Appeals of Texas · Apr 29, 1943

Kent is the duly elected, qualified and acting County Treasurer of Jefferson *956 County, Texas; (7) That the said E. S. … As above stated, clearly appellee had the right to prosecute the suit to enjoin the unlawful expenditure of the funds of Jefferson County by the defendants named in his petition.

City of Uvalde v. Burney

145 S.W. 311 · Court of Appeals of Texas · Mar 6, 1912

He qualified as mayor in April,-1908, and on May 2, 1908, the council passed an ordinance providing for a salary of $30 a month for the mayor, at the same time providing that “he is to summon the hands subject to road duty … The court further clearly held that the case which was then under consideration did not come within that rule, because compensation had been fixed by the council before the election.

Burr's Ferry, B. & C. Ry. Co. v. Allen

164 S.W. 878 · Court of Appeals of Texas · Feb 5, 1914

The charge complained oiS does not present accurately or clearly the law applicable to the issue of whether the stream was a public highway, but the evidence was such that this error in the charge was harmless. … Upon the former appeal of this case we held that these facts established the navigable character of the stream and converted it into a public highway. Railway Co. v. Allen, 149 S. W. 358 ; Orange Lumber Co. v.

Hartford Life Ins. Co. v. Patterson

231 S.W. 814 · Court of Appeals of Texas · Apr 2, 1921

The provisions of the letter qualified defendant in error’s right to continuous renewals by requiring that he should not voluntarily quit the service of the company. … However, we do not think the inconsistency contended for by plaintiff in error clearly appears between the two pleadings.

Consolidated Kansas City Smelting & Refining Co. v. Gonzales

50 Tex. Civ. App. 79 · Court of Appeals of Texas · Apr 1, 1908

Appellant could not arbitrarily establish such a rule and under its operation appropriate the property of appellee. … Appellee qualified himself as an expert in ores and it was not improper to allow him to state the approximate percentage of copper there was in the ore he sent to appellant.

Ware v. Welch

149 S.W. 263 · Court of Appeals of Texas · Jun 13, 1912

The foregoing principle is laid down, not ■only in text-books, but is clearly set forth in numerous decisions of courts of last resort. In the ease of Guillotte v. Poincy, 41 La. Ann. 333 , 6 South. 507 , 5 L. R. … This doctrine is too well established to require further discussion.

Mann v. Pace

58 S.W.2d 1070 · Court of Appeals of Texas · Mar 16, 1933

The rule is settled in this state that a petition for injunction must clearly and distinctly state all the material and essential elements entitling the party to relief and negative every reasonable inference arising from … The other involves the use of authority in excess of any power necessary to its enforcement, exerted not essentially in *1072 aid of the judgment, but to afford immunity from litigation.

State ex rel. Childress v. County School Trustees of Shelby County

233 S.W.2d 326 · Court of Appeals of Texas · Sep 28, 1950

Article 2922a clearly authorizes the formation of rural high school districts by two methods, (1) by grouping, and (2) by annexation of school districts. … The Central Consolidated Rural High School District No. 36 of Shelby County was established as a county line rural high school district under Articles 2922a, 2922c and 2922d.

City of Brady v. Cox

48 S.W.2d 511 · Court of Appeals of Texas · Mar 30, 1932

specifications adopted for the improvements, it had nevertheless injured his property, and had, thereby imposed upon him, as private owner of the property, a burden which properly should be borne by the entire body corporate; and clearly … Several witnesses qualified and gave testimony as to the market value of the property under the ruling of the court; and, if some witnesses were not properly qualified as to market value, which we do not concede, the admission

$9,050.00 in U.S. Currency v. State

874 S.W.2d 158 · Court of Appeals of Texas · Apr 7, 1994

The evidence fails to qualify as “some evidence” to support either inference of fact. Fifty-Six Thousand Seven Hundred Dollars In United States Currency v. State, 730 S.W.2d at 662 ; Litton Indus. Prods., Inc. v. … The evidence clearly shows that Steve Solis previously sold illegal narcotics from that very store. The evidence also clearly shows that after his release from prison, Ms.