Case law

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.

City of Nassau Bay v. City of Webster

600 S.W.2d 905 · Court of Appeals of Texas · May 22, 1980

Article 970a, Sec. 3.C., clearly states that “[t]he extraterritorial jurisdiction of a city shall not be reduced without the written consent of the governing body of such city . . ..” See also City of Duncanville v. … Section 4 allows *909 the city to extend its subdivision ordinance and to establish “rules and regulations governing plats and the subdivision of land.”

Landon v. Jean-Paul Budinger, Inc.

724 S.W.2d 931 · Court of Appeals of Texas · Feb 11, 1987

Stat.Ann. art. 6252-13a, § 19(e)(6) (Supp. 1986), where it is coupled with the analogous expressions “arbitrary or capricious” and “clearly unwarranted exercise of discretion.” … Fundamentally, however, the trial court’s choice is immune from appellate revision because it is untainted by legal error.

Davis v. Sinclair Refining Co.

704 S.W.2d 409 · 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. … : 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

Kumpe v. Gee

187 S.W.2d 932 · Court of Appeals of Texas · May 7, 1945

Moreover, the rule is well established that when assistance is asked of an officer of another state or country in the matter of taking testimony, affidavits, or administering oaths for use in the local forum, if it is performed … The first to be designated is any notary public .and, as we understand the statute, it clearly requires that he must be resident in the country where he administers the oath or takes the affidavit.

Pass v. Gulf, C. & S. F. Ry. Co.

83 S.W.2d 729 · Court of Appeals of Texas · May 29, 1935

And we think it was clearly established that such inspections were made as carefully as the exigencies of the traffic would permit. … All those qualified to testify on the subject, after an inspection of the broken hanger arm which fell upon Pass, and the old break therein, testified that the defect could not have been discovered except by a minute and

In re Perez

508 S.W.3d 500 · Court of Appeals of Texas · Jan 11, 2016

We will not issue the writ of mandamus unless Perez has a clear legal right to performance of the acts he seeks to compel, and the duties of the persons sought to be compelled are clearly fixed and required by the law. … At the risk of stating the obvious, the County Commissioner for Precinct 3 is elected by the qualified voters 6 who reside 7 in and are registered to vote in Precinct 3.

Bell Aerospace Corporation v. Anderson

478 S.W.2d 191 · Court of Appeals of Texas · Feb 23, 1972

An inference cannot be based on surmise or speculation and is without probative force if inconsistent with undisputed or clearly established facts. 32A C.J.S. Evidence § 1044, p. 823, Firestone v. … Allen, Tex.Civ.App., 127 S.W.2d 970 (n. w. h.) : “ . . . . the rule seems to be well established in this state that, where a party relies upon circumstantial evidence to establish his cause of action, or his defense, it is

General Southwestern Corporation v. State

333 S.W.2d 164 · Court of Appeals of Texas · Feb 18, 1960

However, it was clearly shown by appellant Jo W. Walker, Jr., that Otis D. … However, appellants further insist that despite the proof offered by the State which, as heretofore shown, clearly established they were conducting their business as an integrated combine and which they were content to leave

Jones v. Wallingsford

921 S.W.2d 463 · Court of Appeals of Texas · Apr 18, 1996

The owner of an automobile may testify as to the value of the vehicle before and after its collision, even though the owner would not be qualified as an expert. Porras v. … The photograph clearly shows that the car had extreme damage to the front end.

Cleveland v. Gainer

184 S.W. 593 · Court of Appeals of Texas · Mar 15, 1916

Gainer is the duly elected, qualified, and acting county judge of said county. That D. B. Tingle, S. J. Dixon, P. Z. … The district in question, being 30 miles in length and 16 miles in width, is clearly a violation of this statute. [2] The facts, as alleged in the instant case, show a cause of action very similar to that presented to this

ACME BOOT CO. v. MONTENEGRO

862 S.W.2d 806 · Court of Appeals of Texas · Sep 22, 1993

fact; (2) a bar by rules of law or evidence preventing giving weight to the only evidence offered to prove a vital fact; (3) the evidence offered to prove a vital fact is no more than a mere scintilla; or (4) the evidence establishes … Actually, there was one janitorial job at Dan Post which Montenegro was clearly qualified to perform. Acme countered by arguing Montenegro was overqualified for this job, and was not called to fill it for this reason.

State v. Cortez

512 S.W.3d 915 · Court of Appeals of Texas · May 3, 2017

[a]nd the inquiry is not as forgiving as the one employed in the distinct context of deciding whether an officer is entitled to qualified immunity for a constitutional or statutory violation.” 9 Id. … As noted by Justice Kagan when concurring in the opinion and judgment of the majority in Heien , the standard for gaining qualified immunity is much more lax than that estab-fishing a reasonable mistake of law. Heien v.

Caddell v. State

902 S.W.2d 554 · Court of Appeals of Texas · Feb 28, 1995

One commits the offense of engaging in an organized criminal activity when, with intent to establish, maintain, or participate in a combination, he commits, or conspires to commit, one of a number of enumerated offenses, … Two co-defendants, in exchange for immunity from prosecution, testified on behalf of the State, Ravin Tucker (“Tucker”) and Rosiland Guster (“Guster”).

Smith v. McBroom

203 S.W. 1130 · Court of Appeals of Texas · May 18, 1918

The other alleged facts upon which appellee’s right to recover depended were very clearly and conclusively established, and the submission of the single issue named was correct. … Issues of fact disclosed by the pleadings should not be submitted to the jury for decision, when such issues are established by the evidence beyond controversy.

University Interscholastic League v. Buchanan

848 S.W.2d 298 · Court of Appeals of Texas · Mar 31, 1993

However, the record clearly demonstrates that both Students repeated grades in school because of learning disabilities. … After reviewing the Act and its attendant regulations, we reject this argument and conclude that both students meet the definition of "qualified handicapped persons.” 5 .

Whisenhunt v. State

18 Tex. Ct. App. 491 · Court of Appeals of Texas · Jun 17, 1885

Most clearly this provision contemplated that the authority to determine the question should be granted to justices’ precincts of a county to the same extent as it should be granted to the county. … The construction which would authorize one precinct to withdraw itself from the operation of the law established by the county as an entirety would be either to leave the remainder of the county bound by a law for which they

Jefferson Chemical Co. v. Forney Engineering Co.

466 S.W.2d 361 · Court of Appeals of Texas · Mar 18, 1971

Clearly, Jeffco need not prove its cause against Forney. Stockyards National Bank v. Maples, supra. … The question was apparently designed to establish by the expert’s answer a causal link between the failure of the gas supply, the failure of the safety valves, and the explosion. The witness was qualified as an expert.

Coleman v. Journet

859 S.W.2d 550 · Court of Appeals of Texas · Jul 22, 1993

His first two points of error allege that the trial court (county court) lacked jurisdiction because the appellee failed to establish that the accident occurred in Harris County. … The court expressly noted that the landowner was qualified to give testimony of the market value of his own property. Id. at 505 . He merely failed to do so.

South Texas Electric Cooperative, Inc. v. Ermis

396 S.W.2d 955 · Court of Appeals of Texas · Nov 4, 1965

Appellant’s fourth point complains that the jury’s findings to special issues were excessive; that the burden of proof to establish damage to the remainder, if any, was on the appellees. … Such objection was clearly too general and too late to be considered. Wheatley v. Benson, Tex.Civ.App., 279 S.W. 911 (1926), writ dism.; Dabney v.