Case law

Johnson v. Durst

115 S.W.2d 1000 · Court of Appeals of Texas · Mar 23, 1938

Clearly, the contract would have been void or voidable as to any children of Mr. Johnson. … Bright’s Adm’r, 231 S.W. 1082 , 1084: “The sufficiency of proof to meet the requirement that it should clearly and, satisfactorily establish a contract which the courts *1006 can enforce is presented here only as a question

Coles v. Thompson

7 Tex. Civ. App. 666 · Court of Appeals of Texas · Jun 6, 1894

Fly was regularly agreed on by the parties as special judge, and qualified as such, and had previous to the trial term made orders in the cause. … The paragraph of the letter referring to plaintiff may not necessarily be construed as charging him with being as capable of committing the crimes of seduction and murder as Strong, but similarity of the persons was clearly

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 .

State v. Hays

361 S.W.2d 401 · Court of Appeals of Texas · Jul 13, 1962

The situation is clearly shown by the testimony which was elicited after the witness Eastus, as an expert, had stated his opinion of the values of the condemned property. … Appellee’s wit'ness Eastus, a highly qualified expert, testified that they were.

City of Waco v. Higginson

226 S.W. 1084 · Court of Appeals of Texas · Dec 8, 1920

provided in said resolution, and when said limits were so established by the very terms of the charter the old limits ceased to exist, and thereafter the limits of the city of Waco were established as provided in said resolution … If it did, then it was clearly inhibited by the last proviso of section 5, art. 11, of the Constitution, which provides that no such charter shall be altered, amended, or repealed oftener than once every two years. “ Upon

Boyd v. Dillard

151 S.W.2d 847 · Court of Appeals of Texas · May 5, 1941

. *850 On September 9, 1935 a written application signed by a sufficient number of qualified citizens petitioned the commissioners’ court of Lubbock County to discontinue that part of the old Lubbock-Emma road— separating … The road was surveyed by a jury of view appointed by the commissioners and established by the order of the commissioners’ court.

General Motors Acceptance Corp. v. City of Houston

857 S.W.2d 731 · Court of Appeals of Texas · Jun 10, 1993

Furthermore, appellant is clearly a party, since it filed the lawsuit. … Thus, we must determine whether the incomplete address displayed on the notices qualifies as error apparent on the face of the record.

City of Paris v. Cabiness

44 Tex. Civ. App. 587 · Court of Appeals of Texas · Dec 22, 1906

Clearly the policy of this State is that all appointments to a public office shall be based alone upon the qualification and fitness of the appointee, and that the terms •of all officers, except, perhaps, some special appointment … Under the undisputed facts we think it conclusively established that appellee was entitled to recover. As shown, appellee’s claim was not barred by the statute of limitation.

In re L.G.

728 S.W.2d 939 · Court of Appeals of Texas · Apr 22, 1987

The court held appel- *947 lanf s admission qualified as direct evidence he possessed the substance; therefore, a circumstantial evidence charge was unnecessary. … State and because the evidence presented clearly leaves a reasonable doubt as to whether any crime was committed.

Harris County Appraisal District v. Virginia Indonesia Co.

871 S.W.2d 864 · Court of Appeals of Texas · Feb 10, 1994

The burden was on VICO to establish commerce clause immunity. Container Corp. of Am. v. Franchise Tax Board, 463 U.S. 159, 175-76 , 103 S.Ct. 2933, 2945-46 , 77 L.Ed.2d 545 (1983). … Therefore, we find that VICO established that it applied for the freeport exemption.

McCuistion v. Fenet

144 S.W. 1155 · Court of Appeals of Texas · Feb 19, 1912

it should be confined to what precedes it, unless it clearly appears to have been intended to apply to some other matter. … It is claimed that this construction would attribute to the Legislature an intent to empower the city council to abolish itself, or to blend the functions of offices which the established policy of this country has separated

Trexler v. El Paso Times, Inc.

439 S.W.2d 883 · Court of Appeals of Texas · Mar 19, 1969

It was only necessary that he establish that the evidence was reasonably calculated to and probably did cause the rendition of an improper judgment. See American General Ins. Co. v. … Viewing the record as a whole, the *886 wording of the issue and the jury’s answer to us clearly indicate that they felt that while the letter was libelous, nevertheless defendant was not entitled to any damages ; and as

Adams v. Smith

479 S.W.2d 390 · Court of Appeals of Texas · Apr 3, 1972

Also, certain cases hold that a properly qualified police officer can base an estimate of speed on skid marks. … Such cases, however, do not establish that an officer can only base an opinion as to speed on skid marks.

Rock Island Independent School District No. 907 v. County Board of School Trustees of Colorado County

423 S.W.2d 665 · Court of Appeals of Texas · Jan 3, 1968

It has clearly been held that notice of the meeting of an administrative agency to which the legislature has committed a matter (or the attendance of the unnotified member) is necessary to lend validity to action taken at … After qualifying as city aldermen, a meeting of the school board was held, attended by the two who had qualified as aldermen and three other board members.

Carroll v. City of Beaumont

18 S.W.2d 813 · Court of Appeals of Texas · May 27, 1929

Be it known that we, the undersigned, in order'to secure the benefits, rights, privileges and immunities granted, under the Constitution and laws of the state of Texas to incorporations have associated ourselves together … high school buildings, academies, hospitals, cemeteries, sanitariums, auditoriums, court house, reformatories, abattoirs, fire stations, sanitariums, crematories, parks and play grounds; and such cities have authority • to establish

McGuire v. State

493 S.W.3d 177 · Court of Appeals of Texas · May 10, 2016

These clearly would be acts. … The Supreme Court has concluded that even when, like this case, the. evidence, if admissible, would clearly establish that the defendant committed ’the crime, “[t]he criminal goes free, if he must, but it is the law that

Houston Chronicle Publishing Co. v. City of Houston

531 S.W.2d 177 · Court of Appeals of Texas · Nov 26, 1975

The Personal History and Arrest Record is clearly a notation “of such law enforcement agencies which are maintained for internal use in matters relating to law enforcement”. … In similarly weighing competing interests, the Supreme Court reached the conclusion that newsmen were not immune from subpoena by a properly functioning grand jury. Branzburg v. Hayes, supra.

Troilo v. Gittinger

230 S.W. 233 · Court of Appeals of Texas · Mar 30, 1921

his possession against the interference of an adverse claimant whose title is in dispute, until the latter shall establish his title at law.” … The distinction which is clearly recognized in the case of Jackson v. Houser, 208 S.

Maffi v. Stephens

49 Tex. Civ. App. 354 · Court of Appeals of Texas · Feb 26, 1908

Our statute provides that depositions are not papers which the jury may take with them; but it is clearly a matter that might be waived. … If the evidence had clearly established a gift of the property to Mrs. Maffi, we would be inclined to hold that she would be entitled to have the decree modified as requested.

Routledge v. State

834 S.W.2d 452 · Court of Appeals of Texas · Nov 4, 1992

This evidence is clearly sufficient to establish that Rout-ledge exercised control over the vehicle. … The evidence is clearly sufficient to establish an affirmative .link between Routledge and the amphetamine. All reasonable hypotheses have been excluded. Routledge’s third point of error is overruled.