Case law

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.

City of Houston v. De Trapani

771 S.W.2d 703 · Court of Appeals of Texas · May 25, 1989

If the conduct of the sign administrator fails to qualify as execution of official policy, the city cannot be liable under § 1983 for his actions. … This argument is founded on Supreme Court pronouncements which attempt to strike a balance between respondeat superior on the one hand, and blanket immunity on the other.

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.

Jordan v. State

897 S.W.2d 909 · Court of Appeals of Texas · Apr 6, 1995

Clearly, if a recording consists solely of a witness relating the events of the crime with no questions by the prosecutor, Gaskin will apply. … Thus, the court established a qualified privilege for certain materials prepared by an attorney “acting for his client in anticipation of litigation." Id. at 508 , 67 S.Ct. at 392 , 91 L.Ed. at 461 . 10 .

Jones v. Lind

211 S.W.2d 587 · Court of Appeals of Texas · May 12, 1948

Jones, were qualified to express their opinions as to his mental condition. These opinions vary from statements that I. P. … Clearly a jury question was presented as to the mental capacity of I. P. Jones at the time he executed the deed to Mrs.

Germany v. Pope

222 S.W.2d 172 · Court of Appeals of Texas · May 27, 1949

a collateral one upon the validity of the City’s corporate existence and the authority of its council to act thereunder in the passage of the annexation ordinance complained of, and (c) since appellants’ verified answer clearly … serve for a period of two years or until their successors are elected and qualified.

Carver v. Moore

275 S.W. 90 · Court of Appeals of Texas · Jun 3, 1925

There may be some doubt as to whether the witness Owens was qualified under his own admissions to testify as to the market value of the Culberson county lands. … If the fraud be established, as was clearly done in the instant case, the appellant was liable in damages, unless his plea of limitation, which is a defense that must be pleaded before it can be availed of at all, is established

First Southwest Lloyds Insurance Co. v. MacDowell

769 S.W.2d 954 · Court of Appeals of Texas · Apr 11, 1989

First Southwest sought to establish the incendiary nature of the Fort Worth fire and the MacDowells’ connection to that fire. The trial court excluded this evidence. … The Texas Rules of Evidence clearly compel that we not adopt this position.

Ribelin v. State

1 S.W.3d 882 · Court of Appeals of Texas · Sep 9, 1999

The burden then shifts to the defendant to establish that, notwithstanding the statutory admonishments, he did not understand the consequences of his plea. See Richard, 788 S.W.2d at 920 . … Clearly, the court’s oral rendition of punishment was error and, as a result, we may not enforce the eight-year sentence. See Fullbright, 818 S.W.2d at 809 ; Heath, 817 S.W.2d at 336 .

City of Houston v. Raborn

409 S.W.2d 480 · Court of Appeals of Texas · Nov 23, 1966

Texas Indemnity Insurance Co., 146 Tex. 522 , 209 S.W.2d 345 , our Supreme Court expressly held that “Opinion testimony does not establish any material fact as a matter of law.” … The testimony of each of the expert witnesses showed that each of them were well trained and well qualified to do appraisal work, and it was the province of the jury to resolve their testimony, as well as the testimony of

Gilles v. Yarbrough

224 S.W.2d 720 · Court of Appeals of Texas · Nov 4, 1949

Thereafter the receiver qualified and negotiated an oil and gas lease, reported it to the court, it was approved, executed and the lessee soon drilled five producing wells. … This is clearly indicated by the findings of fact, all of which found support in the testimony adduced.

Moller v. City of Galveston

23 Tex. Civ. App. 693 · Court of Appeals of Texas · Jun 14, 1900

The Act of 1899 does not in any way amend or repeal the Act of 1893, except to require the submission of the question of issuance to a vote of the qualified property taxpayers. … County of Jasper, 101 United States, 693, refers the date of issuance to the date of execution, as the following language will clearly show, the court saying: “There can be no doubt that it is within the power of the State

Republic Guaranty & Surety Co. v. Wm. Cameron & Co.

143 S.W. 317 · Court of Appeals of Texas · Jan 3, 1912

No homestead existed prior to the last act by which the transaction was completed; but, the intention to occupy continuing with Grigg and wife, the constitutional immunity from debts then arose in their favor as to future … To be entitled, in any event, to recover as they sought to against appellant, they must have established that they had such liens.

Jones & Laughlin Steel, Inc. v. Schattman

667 S.W.2d 352 · Court of Appeals of Texas · Mar 7, 1984

It is well established in Texas that a writ of mandamus is a proper vehicle to attack discovery orders and may issue to correct a clear abuse of discretion by a trial judge. Allen v. … We find Barker clearly distinguishable from the instant case wherein the expert, Smith, was positively designated as a consultant.

Neal v. Sheppard

209 S.W.2d 388 · Court of Appeals of Texas · Jan 22, 1948

In order of a statute to be held void it clearly must be made to appear that it is in conflict with some portion of the Constitution. … Under Sec. 1, supra, the Legislature may lawfully establish a Criminal District Court and provide for its organization, and also may create the office of criminal district attorney and provide for his duties.

Home Ins. Co. v. Walter

230 S.W. 723 · Court of Appeals of Texas · Mar 19, 1921

The appraisers, after qualifying, met only once to make an appraisal, and this meeting occurred on the day after they qualified to act. They disagreed and thereupon called in the umpire. … The record contains none, unless it be it, which in the remotest way tends to establish such inference.

Houston & T. C. R. v. Crowder

152 S.W. 183 · Court of Appeals of Texas · Dec 18, 1912

In order to establish the market value at the place of delivery, it was necessary that the evidence should show that cattle of like quality had been bought and sold at that place during the season in sufficient quantity, … February, 1910, for that class of cattle, and also showed that he was not qualified to testify to the market value of such cattle at said time and place.

Rockwall County v. Adams

244 S.W. 842 · Court of Appeals of Texas · Oct 14, 1922

This law clearly empowers the commissioners’ court of Rockwall county to condemn any land which, in the exercise of its discretion, as provided in section 7 of the 1919 amendment (Loc. & Sp. … Such view is clearly untenable. .

Kaitlyn Lucretia Ritcherson v. State

476 S.W.3d 111 · Court of Appeals of Texas · Aug 31, 2015

established that Ritcherson was guilty of the alternative charge: that Ritcherson intended to cause serious bodily injury and committed an act clearly dangerous to human life that caused Barrie’s death. … evidence establishing that Ritcherson did not intend to kill Barrie and that Ritcherson did not intend to cause serious bodily injury to Barrie while also establishing that Ritcherson recklessly caused the death of Barrie