Case law

First Federal Savings & Loan Ass'n v. Vandygriff

639 S.W.2d 492 · Court of Appeals of Texas · Sep 1, 1982

Had the applicant sought to establish a branch office at the same location, or had a new-charter applicant sought to establish its home office at the same location, an invocation of the public need inquiry is obvious and … The Texas Banking Code of 1943 clearly provides that the Commissioner shall have no substantive role in the promulgation of rules and regulations.

Halsell v. Neal

23 Tex. Civ. App. 26 · Court of Appeals of Texas · Mar 3, 1900

The evidence establishes the following facts: Plaintiff Mrs. … Neal had no interest in the estate of her father, and was clearly inadmissible for such purpose. .

Parker v. Busby

170 S.W. 1042 · Court of Appeals of Texas · Oct 28, 1914

taxes, and the burden of establishing that fact rested upon the plaintiffs. … It seems to Us clearly to be the spirit of the law to prevent the collector receiving payment of poll taxes and issuing receipts therefor after February 1st, and not to prohibit the issuance of receipts for such taxes paid

Goodson v. State

840 S.W.2d 469 · Court of Appeals of Texas · Nov 4, 1991

Goodson’s attorney promptly objected that Akin was not qualified to answer the question. … The trial judge did not clearly abuse his discretion in admitting Akin’s testimony over the objection posed by appellant. Goodson’s tenth point is overruled.

Adams v. McHam

289 S.W.2d 319 · Court of Appeals of Texas · Mar 19, 1956

The defendants in the trial court, appellants here, are the executors of the last will and testament of Butler Adams, deceased, and Mary Ann Adams, the qualified community survivor of the community estate of herself and James … The case must be clearly within an exception to defeat venue in the county of de- *321 fehdant’s residence. Compton v. Elliott, Tex.Com.App., 88 S.W.2d 91 ; A. H. -Belo Corporation v.

E. E. Farrow Co. v. United States National Bank of Omaha

358 S.W.2d 934 · Court of Appeals of Texas · Jun 28, 1962

“Counterclaim” is generically defined “as a claim, which, if established will defeat or in some way qualify a judgment to which the plaintiff is otherwise entitled. … We think clearly a counterclaim was plead. All of defendant’s points and the contentions thereunder made are overruled, and the judgment of the Trial Court is Affirmed.

Hodge v. Jones

17 Tex. Civ. App. 511 · Court of Appeals of Texas · Dec 1, 1897

The contestant has appealed, and claims that the court erred in declaring the election null and void, and in not rendering judgment establishing the fact that he was legally elected sheriff of Robertson County. … To vacate an' election on this ground, if the election were not in fact arrested, it must clearly appear that there was such a display of force as ought to have intimidated men of ordinary firmness.”

Stockard v. Reid

57 Tex. Civ. App. 126 · Court of Appeals of Texas · Oct 16, 1909

That on the 15th day of June, 1907, an election was held by the qualified voters of Navarro County, Texas, under and by the authority of an order of the Commissioners’ Court of said county, to determine whether the sale of … We accordingly hold that said Act is valid, and applies to all local option elections, and it clearly applies in this case.”

Moore v. Werner

418 S.W.2d 918 · Court of Appeals of Texas · Sep 13, 1967

an attorney trying his own case, stated to the trial court that an express warranty was agreed to before, during and after the date of the written contract, there was no competent evidence to sustain such a theory, and clearly … Fleming, who qualified as an expert witness, further testified that $1,889.00 would be required to correct the defects. The parties in this case are the original parties to the contract.

Municipal Paving Co. v. Donovan Co.

142 S.W. 644 · Court of Appeals of Texas · Dec 23, 1911

The roller in question was propelled by steam, and clearly an engine within the contemplation and meaning of the ordinance. … The failure to so qualify the charge was not error.

Rumbo v. Winterrowd

228 S.W. 258 · Court of Appeals of Texas · Feb 5, 1921

their private relations with each other all men in their dealings upon such subjects as the leasing and selling of land in normal times must be free of the kind of interference and restriction interposed by this act in what clearly … In no state have the people been content to leave the supremacy of the Legislature qualified only by inhibitions upon its powers and rights as to specific matters; but in all the states, in some form of statement, there is

American Central Insurance Company v. Melton

389 S.W.2d 177 · Court of Appeals of Texas · Mar 26, 1965

I don’t believe they could qualify as knowing if they were reasonable. … Since all of the matters were clearly for impeachment purposes we see no reversible error reflected.

King v. King

230 S.W.2d 335 · Court of Appeals of Texas · Mar 27, 1950

The administratrix thereafter qualified and took possession of the estate. … It is our opinion that distinctions are clearly made between the factual situation in the case at bar and those found in the cases cited by appellees.

Hull v. Calvert

469 S.W.2d 277 · Court of Appeals of Texas · Jun 9, 1971

It is my view that H.B. 157 did not authorize the Board to accept a site it clearly regarded as not suitable for the operation of an institution of higher learning. … The Board’s decision to qualify its acceptance with conditions, which, if not satisfied, condemned the site as unsuitable, did not follow the Act, and acceptance of the 308 acres under such circumstances should be declared

Mitchell v. Spradley

23 Tex. Civ. App. 43 · Court of Appeals of Texas · Mar 10, 1900

This charge was clearly erroneous. The language complained of is libelous per se, and actionable without any other proof save its publication by defendants. … The admission of this evidence was in contravention of a familiar and well established rule of evidence.

Calcote v. State

931 S.W.2d 668 · Court of Appeals of Texas · Aug 29, 1996

The Court of Criminal Appeals has declined to decide whether all mandatory statutes are immune to a harmless error analysis. Sodipo, 815 S.W.2d at 554 . … The record in this case, however, clearly discloses data from which we can gauge the likelihood that the error did or did not contribute to appellant’s punishment.

ACS Investors, Inc. v. McLaughlin

913 S.W.2d 664 · Court of Appeals of Texas · Oct 31, 1995

We conclude ACS and First Texas clearly entered into an agreement that contemplated the abrogation of the rights held by McLaughlin and Lazovich. C. … KOSBERG’S CLAIM OF IMMUNITY In addition, Kosberg claims in his seventh point of error that he is immune from liability because he acted as an officer of the savings and loan, and he acted in the best interests of the company

Crawford v. Crawford

315 S.W.2d 190 · Court of Appeals of Texas · Jul 10, 1958

It is our view that such facts clearly establish such property to be the separate property of defendant, into which, however, was paid $400 in community funds of plaintiff and defendant. … By her 3rd point plaintiff contends that the Trial Court erred in rendering, signing and entering judgment in this case for the reason that at such time the judge was not a qualified District Judge.

Manry v. McCall

22 S.W.2d 348 · Court of Appeals of Texas · Dec 3, 1929

McCall the duly elected and qualified judge of that district and putting him in possession of that office. … As the Appellee is seeking to establish his right to the office of judge of the Ninth Judicial District as constituted by the Act of 1925, and he cannot accept the benefits of that law so far as title to the office is concerned

Sabedra v. State

838 S.W.2d 761 · Court of Appeals of Texas · Aug 31, 1992

While the record clearly reflects that the trial judge erred in denying counsel’s request, it is equally clear that counsel did not properly apprise the trial judge of his error as required. … Appellant objected to Louderback being qualified as a medical expert. The trial court sustained the objection.