Case law

City of Hitchcock v. Longmire

572 S.W.2d 122 · Court of Appeals of Texas · Sep 28, 1978

twenty-five (25%) percent of all the qualified voters in the City . . . … We held that since notice and hearing are clearly required by the Charter and by the general laws of the State as a prerequisite to the enactment of zoning ordinances, and since notice and hearing have no place in the process

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.

Davis v. State ex rel. Wren

75 Tex. 420 · Court of Appeals of Texas · Dec 17, 1889

We mean constructive erasures—that is to say, such lines drawn across the names as clearly show an intention to erase them. … It is of the essence of a fair election that a time should be fixed and a place appointed where each qualified voter may cast his ballot or give his vote.

Consumers' Lignite Co. v. Grant

181 S.W. 202 · Court of Appeals of Texas · Nov 27, 1915

So since the provisions of said act of the Legislature, depriving appellant of the defenses of fellow servant and assumed risk and qualifying the extent to which it could avail itself of the defense of contributory negligence … discovered evidence is, to a great extent, in the discretion of the trial judge, and his— “refusal will not be revised by an appellate court, unless it appears that such discretion has not been exercised according to the established

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.

Pegues v. Moss

140 S.W.2d 461 · Court of Appeals of Texas · Feb 15, 1940

The date of this payment does not clearly appear from the evidence. … In consideration of this payment Henderson was to be given legal immunity from the judgments. Henderson could have obtained legal immunity from the judgments by paying same.

Home Life & Accident Insurance Co. v. Phillips-Dupre Hospital

287 S.W.2d 503 · Court of Appeals of Texas · Feb 6, 1956

The record as to pleading and proof is sufficient to establish that appellee is suing on.the insurance policy. … The record further reveals that appellee is a hospital operated as a partnership by qualified physicians who furnished to the Mexican Nationals, insured employees, the medical services for sickness and accident on which appellee

Western Union Telegraph Co. v. De Andrea

45 Tex. Civ. App. 395 · Court of Appeals of Texas · Mar 2, 1907

This charge, as insisted by appellant, is clearly upon the weight of the evidence. … In no sense does it withdraw or qualify the objectionable statement.

Alexander v. Berkman

3 S.W.2d 864 · Court of Appeals of Texas · Dec 22, 1927

The will was duly probated, the inventory returned, and the independent executor duly qualified. The county court had no further jurisdiction over the estate. … Bornstein's legacy, would that render the reduced amount of her legacy, whatever it might be, immune from garnishment? It is thought not.

Texas State Highway Department v. Reeves

161 S.W.2d 357 · Court of Appeals of Texas · Apr 17, 1942

Reeves, the employee, on allegations that appellant, Texas State Highway Department, was authorized by law to carry workmen’s compensation insurance for its employees, and that in all respects it was qualified by law “to … The proper objectives of rules of civil procedure is (are) to obtain a just, fair, equitable and impartial adjudication of the rights of litigants under established principles of substantive law.

Baer, Sternberg & Cohen, Inc. v. Snodgrass

42 S.W.2d 292 · Court of Appeals of Texas · Sep 30, 1931

Phillips is a duly qualified and acting justice of the peace in Grayson county, Tex., and J. M. Wright is the duly elected and qualified . sheriff of Floyd county, Tex. … In applying for an injunction on the ground relied on in this case, it was clearly necessary to aver and prove either that the evidence going to establish the plea was all in favor of it, or that the facts stated in the plea

Kirk v. State

199 S.W.3d 467 · Court of Appeals of Texas · Jul 13, 2006

The statement in DiMaria is clearly an assertion of the appellant’s then existing mental state, unlike the statement in question here. See id. … Standing alone, as it was presented, the statement does not clearly indicate Appellant’s state of mind at the time he made the statement.

Perry, Ex Parte James Richard "Rick"

Court of Appeals of Texas · Oct 22, 2015

It is not necessary to read Section 39.02(a)(2) in this clearly unconstitutional manner. There is no indication that the Legislature intended for the statute to be so read. This reading is the prosecution’s own. … Brown, 566 F.3d 515, 523-24 (5th Cir. 2009) (“None of the Supreme Court’s public employee speech decisions qualifies or limits the First Amendment’s protection of elected government officials’ speech.”), on

Hovenden v. Tenbush

529 S.W.2d 302 · Court of Appeals of Texas · Oct 29, 1975

At most, the Chief Justice’s opinion in Cornelius suggests that the immunity of such a seller from strict liability extends only to defects which arise from normal use of the chattel. … Such a result is clearly supported, as applied to an intermediate seller, by the decision of the Oregon Supreme Court in Mar-ide.

Southwest Pharmacy Solutions, Inc. v. Texas Health & Human Services Commission

408 S.W.3d 549 · Court of Appeals of Texas · Jul 12, 2013

While sovereign immunity bars actions against the state absent a legislative waiver, Harris Cnty. v. … The parties do not dispute that American Pharmacies' members qualify as small businesses within the meaning of section 2006.002. .

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.

City of Lindale v. Sitton

446 S.W.2d 703 · Court of Appeals of Texas · Oct 16, 1969

As pointed out in the last cited case: “ ‘Courts are thus reluctant to disturb legislative action if the subject matter involved lies within the police power and will not do so unless it clearly appears that the regulation … Constitutional Law § 198, page 569. * * One who asserts the invalidity of an annexation ordinance has the burden of establishing such contention. City of Bellaire v. Lamkin, supra.

St. Louis Southwestern Railway Co. v. Demsey

40 Tex. Civ. App. 398 · Court of Appeals of Texas · Oct 28, 1905

It is well settled that “the facts upon which the conclusion is based must be established to authorize the opinion of a non-expert witness.” … The issue of assumed risk on the part of appellee was clearly raised by the evidence, but not so conclusively established as to authorize the giving of appellant’s peremptory instruction, directing a verdict for appellant

Kaminski v. Kaminczak

86 S.W.2d 883 · Court of Appeals of Texas · Oct 4, 1935

The evidence clearly established that John Bugaj did pay to plaintiff $574.76 of the minors’ funds on July 11, 1921, to retire one of the notes and to pay the interest on the indebtedness then due. … Upon the verdict of the jury the trial court entered judgment establishing plaintiff’s debt, principal, interest, and attorney’s fees against defendant Bugaj, in the amount of $2,188.51, and establishing the intervener’s

Crosby v. Davis

421 S.W.2d 138 · Court of Appeals of Texas · Nov 2, 1967

Appellants sought to establish title out of the common source by two separate chains of title. First, appellants sought to establish title by (1) a deed from R. E. … Secondly, appellants sought to establish title based upon (1) a deed from R. E.