Case law

Eoff v. Pace

25 S.W.2d 264 · Court of Appeals of Texas · Feb 7, 1930

Pace is the duly appointed, qualified, and acting receiver of Mary Eoff and of her property, and, as such receiver, is duly authorized to act in all matters involved herein. … By a well-established rule of construction, the omitted provision was annulled.

BOARD OF TRUSTEES, ETC. v. Farrar

236 S.W.2d 663 · Court of Appeals of Texas · Feb 7, 1951

Gaines has been employed by the University for thirteen years following seven years service as Assistant Attorney General, and that he is otherwise qualified for and is now demanding a pensioner’s rights under the Teacher … Clearly this creates a conflict, and the rights accrued under the constitutional provision must prevail.

Gentry v. Texas Department of Public Safety

379 S.W.2d 114 · Court of Appeals of Texas · Mar 19, 1964

It is appellee’s contention that his affidavit establishes that a judgment has been entered for the particular offense alleged and that a judgment of conviction cannot be collaterally attacked in a civil court. … Cooley the following: ‘By the law of the land is most clearly intended the general law; a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.

Southwest Airlines Co. v. Bullock

784 S.W.2d 563 · Court of Appeals of Texas · Jan 31, 1990

Accordingly, Southwest has the burden to show clearly that it comes within the exemptions, and all doubts must be resolved in favor of the Comptroller. Bullock v. … the food or beverages; these items must be of a nonreusable nature or qualify for exemption as wrapping or packaging materials.

Gonzales v. Methodist Retirement Communities

33 S.W.3d 882 · Court of Appeals of Texas · Nov 30, 2000

Jones became upset with Gonzales, noting that an ambulance would cost $400, but told her that if she did not feel qualified to do an assessment, she could call Emergency Medical Services. … as to one or more essential elements of the plaintiffs cause of action or (2) to establish its affirmative defense to the plaintiffs cause of action as a matter of law.

Freeman v. Wilson

149 S.W. 413 · Court of Appeals of Texas · Apr 3, 1912

The propositions are axiomatic, if either of the points named was established by uncontradicted evidence offered by appellant. … The evidence indicates, we think, clearly that appellee was fully apprised of the danger of permitting the wounded eye to remain as it was and the probable effect on the other eye.

Moerschell v. City of Eagle Lake

236 S.W. 996 · Court of Appeals of Texas · Nov 11, 1921

voters of the entire district as extended, when it should have been upon the petition of a majority of the qualified voters of the added territory only. (4) That the property involved had passed to appellant free of the … Appellant was the proponent of this issue, and the burden was clearly upon him to affirmatively show the insufficiency of the petition, which he failed to do. ' 4.

in Re H.E.B. Grocery Company, L.P.

490 S.W.3d 96 · Court of Appeals of Texas · Jun 15, 2015

A trial court clearly abuses its discretion if it reaches a decision that is so arbitrary and unreasonable that it amounts to a clear and prejudicial error of law or if it clearly fails to analyze the law correctly or apply … Under Rule 204.1, a party may, no later than thirty days before the end of the applicable discovery period, move for an order compelling another party to submit to a physical or mental examination by a qualified physician

Wiese v. State

811 S.W.2d 958 · Court of Appeals of Texas · Jul 24, 1991

The “clearly erroneous” standard is applicable to Batson points. … Clearly it was error, in light of Powers and Edmondson v.

Jones v. Anderson

189 S.W.2d 65 · Court of Appeals of Texas · Jun 27, 1945

. * * * The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the District and other inferior courts thereto. … Section 1 of said Article 5 clearly authorizes the Legislature to enact just such a bill as House Bill 131, now known as Article 52—-161, Vernon’s Code of Criminal Procedure. Cockrell v.

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

70 S.W.2d 318 · Court of Appeals of Texas · Mar 24, 1934

This is clearly what is termed a “fire-packed” bale of cotton. Thus, viewing the testimony, we are of the opinion that reasonable minds cannot differ as to the cause and origin of the fire. … to establish the probability of that issue, should go to the jury.

Harvey v. Morgan

272 S.W.2d 621 · Court of Appeals of Texas · Oct 27, 1954

It is true that the Legislature may have feared evil.. results from mixed boxing but this record establishes those fears to have been- unfounded. … The rights established are personal rights.

Denton County v. Sauls

265 S.W. 1091 · Court of Appeals of Texas · Oct 22, 1924

The question thus raised is clearly without merit. … certainly qualified to testify to the effect the cutting of the highway through the farm would have upon its use and value thereafter.

Fix v. Flagstar Bank, FSB

242 S.W.3d 147 · Court of Appeals of Texas · Dec 13, 2007

Qualifying as a Consumer under the DTPA A person qualifies as a consumer under the DTPA by meeting two requirements. First, the person must seek or acquire goods or services by lease or purchase. Tex. … As such, the refinance cannot qualify as a good or a service under the DTPA. See id.

Seeley v. Eaton

506 S.W.2d 719 · Court of Appeals of Texas · Jan 30, 1974

Standing alone this remark would require us to evaluate seriously whether this clearly improper comment was calculated to cause and probably did *722 cause the rendition of an improper judgment in the case. … The rule, however, is well established by the Supreme Court and is followed here. The final contention of appellants with respect to the judgment as to Dr.

Wilkinson v. Lyon

207 S.W. 638 · Court of Appeals of Texas · Oct 19, 1918

Plaintiffs' petition contained allegations to the effect that at the time the two petitions for consolidation were circulated for signatures there were 17 qualified electors residing in the Tankersley school district No. … without jurisdiction to try the case, in the absence of any allegations in the petition that plaintiffs had exhausted their right of appeal prescribed by section 10 of the act; and the conclusions filed by the trial judge clearly

Lotto v. State

208 S.W. 563 · Court of Appeals of Texas · Jan 22, 1919

The statutory meaning of the words “dishonorable conduct” has. been clearly defined by the Supreme Court. … Occasionally the established law has seemingly failed to afford a remedy adequate to an unusual situation. So it appeared in this case.

Light. Pub. Co. v. Huntress

199 S.W. 1168 · Court of Appeals of Texas · Jan 2, 1918

They show his unfitness for office as clearly to-day as when he ran against Judge Davis. “At that time the men who are now directing the Citizens’ League were strong in their'denunciation of George Huntress. … The press possesses no immunities not shared by every individual in the land.

International Travelers' Ass'n v. Bettis

52 S.W.2d 1059 · Court of Appeals of Texas · Jun 29, 1932

If, however, appellant had by charter amendment removed itself from the provisions of said chapter 6, and the policy sued upon was not issued under the provisions of said chapter, or under some other statute granting it immunity … More than one condition prescribed in said policy had to be proven by appellee, in order to establish appellant's liability.

Harris v. Ventura

582 S.W.2d 853 · Court of Appeals of Texas · Mar 8, 1979

The will was admitted to probate, and Francelle Harris was appointed and qualified as independent executrix. … This presumption is clearly stated in Tex. Fam.Code Ann. § 5.02 (Vernon 1975).