Case law

Barstow v. Jackson

429 S.W.2d 536 · Court of Appeals of Texas · May 29, 1968

The owner of property can testify to his opinion of the value of such property though he may be unable to qualify himself as such a witness to like property belonging to another. Hillin v. … In the absence of a request for voir dire examination, the competency of the witness is established by his statement that he knows the value of the article in question. 2 McCormick, Texas Law of Evidence, § 1422, p. 260 (

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

Edwards v. State

497 S.W.3d 147 · Court of Appeals of Texas · Jun 16, 2016

I, § 19 (“No citizen of this State shall be deprived life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.”); id., art. … S.L.J., 519 U.S. 102, 111 , 117 S.Ct. 555, 561 , 136 L.Ed.2d 473 (1996) (“This Court has never held that the States are required to establish avenues of appellate review, but it is now fundamental that, once established,

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.

Williams v. Hemphill County

254 S.W.2d 839 · Court of Appeals of Texas · Sep 22, 1952

. * * * ” These objections are clearly aimed at special issue No. 1 (Special Issue No. 2 was concerned only with the question of proximate cause.) … None of the appellee’s witnesses qualified as expert witnesses on the subject of speed, although one testified that the truck struck the bridge at a high rate of 'speed.

Hamblen v. Horwitz-Texan Theatres Co.

162 S.W.2d 455 · Court of Appeals of Texas · Apr 30, 1942

It is further determined that two well-established doctrines of our law have been eliminated from application to this distinctive case by the pleadings, the evidence, and the court's findings thereon, either stated, on sufficient … The correction is made as requested, since the record does clearly show that Mrs. Agatha Horwitz is not the widow of Will Horwitz.

Wagers v. Swilley

220 S.W.2d 673 · Court of Appeals of Texas · May 5, 1949

We have carefully examined defendant’s contention that the undisputed evidence established that W. S. … The court qualified the bill to show: That while Mr. W. P. Hamblen, Sr., was making his argument to the jury, Mr.

Dunham v. Crossland

115 S.W.2d 742 · Court of Appeals of Texas · Mar 31, 1938

Edna Dunham qualified as admin-istratrix under the will. The probate proceedings are not attacked; the sole question presented by the case being a construction. of the will. … These facts and circumstances, fully set forth in the opinion, clearly established her intent that the will should be probated in Texas and the trust administered under the laws of this state.

Crist v. Morgan

219 S.W. 276 · Court of Appeals of Texas · Feb 19, 1920

Rep. 824 : “Under the rule in Shelley’s Case, the words ‘give and convey unto the said Ava Anna Simon-ton and her bodily heirs,’ if not qualified, would vest in Mrs. … In the absence of a contrary intention clearly manifested upon a consideration of the entire will, it must be presumed that the testator used the words “heirs at law” and “heirs” in a technical sense.

Gulf Refining Co. v. Bonin

242 S.W. 776 · Court of Appeals of Texas · Jun 16, 1922

We believe these facts establish both waiver and estoppel against appellant. Authorities: In 3 O. … If the act of 1913 is not unconstitutional and does not deprive appei-lant of equal protection of the law, clearly it is sufficient to afford a basis for appellee’s cause of action.

Texas N. O. R. Co. v. East

74 S.W.2d 1052 · Court of Appeals of Texas · Oct 4, 1934

In the case cited, supra, the court said: “We have recently held, in line with the established rule, we think, that a witness shown to be qualified may testify to the usual or ordinary time required to transport a shipment … App.) 18 S.W.(2d) 810, 811 , cited by appellees, are in point with the Proctor Case, and, therefore, clearly distinguishable from the case before us.

Montez v. Bailey County Electric Co-Operative

397 S.W.2d 108 · Court of Appeals of Texas · Oct 25, 1965

We think this background and experience clearly qualified him to testify as a witness to these matters he observed at the scene of the accident. … This record clearly establishes the actual knowledge and appreciation of the danger by Montez to invoke the defense of volenti.

Texas Employers Insurance Ass'n v. Shropshire

343 S.W.2d 772 · Court of Appeals of Texas · Jan 31, 1961

established that Whitworth was at no time in fact a witness in the case, and such conduct, in effect, gave Appellee more challenges than is permitted by law and thus deprived Appellant of a fair trial. 2. … This is especially true in this case, as the record clearly shows that appellant was not compelled to take any objectionable jurors, that the jurors were fair and impartial, ty.at a fair and just verdict was rendered, amply

Alexander v. City of Lampasas

275 S.W. 614 · Court of Appeals of Texas · Jun 24, 1925

Had the word “abolish” been used, however, we doubt jf it would have been given the construction of a perpetual doing away with the office without the power of the city council thereafter to re-establish it. … reached this conclusion from tie following considerations: The act of 1895, of which the act of 1903 was an amendment, gave authority to the city to dispense with the office of marshal without any qualification whatever, clearly

Mitchell v. Jones

361 S.W.2d 224 · Court of Appeals of Texas · Oct 9, 1962

Some 49 qualified voters testified that they voted for appellee in the Rocky box. Other evidence also shows that at least 47 votes were cast for appellee in the Rocky box. … It is sufficient, however, that we apply here the less extreme and well established rule of construction that statutes regulating the right to vote should be given a liberal interpretation in favor of that right. * * * ”

Rhomer v. State

522 S.W.3d 13 · Court of Appeals of Texas · Apr 12, 2017

“If a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is: (a) rationally based on the witness’s perception; and (b) helpful to clearly understanding the witness’s testimony … The personal experience and knowledge of a lay witness may establish that he or she is capable, without qualification as an expert, of expressing an opinion on a subject outside the realm of common knowledge.”

Leslie, Guardian v. Elliott

26 Tex. Civ. App. 578 · Court of Appeals of Texas · Jun 29, 1901

Leslie, who had theretofore been appointed guardian of the estates of the said Madge, Monroe, and Lucile McMahon, duly qualified as such. … As the guardian was clearly not entitled to such order, he could not have been injured by the action of the District Court in consolidating his action with the suit of the plaintiff. jSTo matter when or how his application

Petterson v. Board of Commissioners of Pilots

24 Tex. Civ. App. 33 · Court of Appeals of Texas · May 28, 1900

That he has served for more than five years as a pilot on the Hnited States revenue cutters on duty at said port, and is by education, training, and experience qualified in every way to act as a branch pilot under the laws … Courts should declare a law unconstitutional only when it is clearly so. Fletcher v. Peek, 6 Cranch, 308 .

Atkinson v. City of Dallas

353 S.W.2d 275 · Court of Appeals of Texas · Dec 15, 1961

Art. 46d-2 V.A.C.S. of the Municipal Airports Act, enacted in 1947, authorizes municipalities to establish, acquire and maintain airports. The Act took the place •of certain prior existing statutes. … The Court further held that the City of ■Corsicana was immune from liability for the negligence of its employee in the operation of its airport.