Case law

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.

Rishworth v. Moss

159 S.W. 122 · Court of Appeals of Texas · May 28, 1913

The law, as enunciated by the few courts which have passed thereon, is not as clear and satisfactory as it should be in cases of this character, but it seems to be reasonably established that a physician is liable for operating … That the general denial put in issue all of the allegations of plaintiffs' petition cannot be denied, and therefore the fact of plaintiffs giving their consent or of authorizing any one to have the operation performed was clearly

Stratton v. Hall

90 S.W.2d 865 · Court of Appeals of Texas · Jan 16, 1936

These facts, we think, clearly justified the trial court in concluding that they had established a residence in Irion county, notwithstanding the expressed intention of Rutledge to return to Loving county. … absence of a statute prohibiting the counting of ballots because of irregularities either in preparing or casting, and in the absence of fraud or of a showing that the returns were changed or tampered with, ballots cast by qualified

Howe, Receiver v. St. Clair

8 Tex. Civ. App. 101 · Court of Appeals of Texas · Sep 13, 1894

Howe, Esq., receiver, be and is hereby removed as such receiver, and that upon his successor qualifying as such, that *105 said M. G. … He was further ordered to filé within ten days a statement of all property on hand at the time of such successor qualifying, etc. ■ There is no evidence to show that his successor was ever appointed or qualified, or that

Gallow v. State

56 S.W.3d 117 · Court of Appeals of Texas · Jun 21, 2001

Specifically, he contends the criteria to qualify as a “dealer” under the tax case, includes the culpable conduct that would establish possession of marijuana. Accordingly, he reasons, the two offenses are the “same.” … The Blockburger test does not operate to trump “clearly expressed legislative intent.” Ex parte Kopecky, 821 S.W.2d 957, 959 (Tex.Crim.App.1992).

Loos v. City of Houston

375 S.W.2d 952 · Court of Appeals of Texas · Feb 20, 1964

Said intervenors further alleged that they are qualified to take such examination and that none of the plaintiffs is qualified to take the same, and further that said Section 14 of Article 1269m, as amended, requires that … Ordinance No. 8531, in undertaking to change such classification, is clearly in violation of Section 9, Article Vllb of the charter of the City of Houston, since such ordinance was not passed in response to a referendum petition

Copeland v. State

848 S.W.2d 199 · Court of Appeals of Texas · Dec 17, 1992

No chemical tests were performed to determine what the substance was. *201 Lay witnesses are qualified to testify in the form of opinion to matters rationally based on their perception and helpful to a clear understanding … Reviewing the record as we do, under a clearly erroneous standard, without anything more from appellant, the trial court’s determination was not clearly erroneous. Point two is overruled.

Jones v. Wynne

104 S.W.2d 141 · Court of Appeals of Texas · Mar 11, 1937

as such administrator, as required by law, and thereafter became the acting and qualified administrator thereof. … trial of the issues is de novo in the district court, and from the further fact that the law provides that where a claim is not allowed, or is disapproved, an action may be maintained in the court having jurisdiction to establish

Parker v. Dallas Hunting and Fishing Club

463 S.W.2d 496 · Court of Appeals of Texas · Jan 22, 1971

“To make the citizen liable to be mulcted in damages for an honest discharge of duty, is to give immunity to crime, and to weaken the restraining power of the criminal law, thereby endangering the security of law abiding … We think that the record in this case clearly demonstrates that the trial court correctly implemented the salutory provisions of Rule 166-A, Vernon’s Texas Rules of Civil Procedure.

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).

Willingham v. Hagerty

553 S.W.2d 137 · Court of Appeals of Texas · Apr 29, 1977

The ordinary meaning of “entitle,” as shown in Webster’s International Dictionary (2d ed.), is “to give a right or legal title to; to qualify (one) for (something); to furnish with proper grounds for seeking or claiming." … Under Rule 302 and its forerunner, V.A.C.S., art. 2215 (1931), if upon a counterclaim the defendant establishes a demand against the *140 plaintiff exceeding that established against him by the plaintiff, the court shall

Gasaway v. Nesmith

548 S.W.2d 457 · Court of Appeals of Texas · Feb 24, 1977

“Error is not shown in the exclusion of evidence unless the appellant brings before the appellate court a record that shows clearly not only what the evidence would have been if admitted, but also its relevancy; and where … However, he subsequently qualified this testimony somewhat, saying that he could not think of a way she could have been present in the office at that time without his knowing it, and that he did not see her there. Mr.

Bobbitt v. Alamo Casualty Co.

241 S.W.2d 464 · Court of Appeals of Texas · Jun 21, 1951

Laird returned to Houston where they had also been in business before and established the business of buying and selling automobiles and conducted it under the name of Ulmer W. Laird. Mr. … But it was clearly not the intention of the Legislature that the owner of a one-man corporation should be entitled to workman’.s compensation benefits under the Act.

Boyett v. Boyett

799 S.W.2d 360 · Court of Appeals of Texas · Oct 11, 1990

Appellant argues the evidence established that the parties intended to divide only the community interest in his retirement benefits as of the date of the divorce; and the decree, as signed, resulted in an improper divestment … The provision of the decree in issue is as follows: This Decree of Divorce shall be a “qualified domestic relations order” pursuant to section 414(p) of the Internal Revenue Code.

Swinney v. Winters

532 S.W.2d 396 · Court of Appeals of Texas · Dec 31, 1975

Opinion evidence by persons qualified to testify is frequently used in determining market value. … against it as to shock the conscience or to show clearly that the conclusion reached was wrong, or was the result of passion, prejudice or improper motive.

State Ex Rel. Wilkie v. Stein

52 S.W.2d 690 · Court of Appeals of Texas · Jun 8, 1932

The original town took in practically all of the business establishments of the town and a large portion of the residences. … There are in this territory ' and in Burgdorf addition, platted in 1908, and lying immediately east of these blocks, about 200 citizens and about 100 qualified voters.

Shelton v. Sargent

144 S.W.3d 113 · Court of Appeals of Texas · Jul 8, 2004

Andrews was not qualified to submit an expert opinion relating to the Hospital’s conduct and that the opinion failed to establish the standard of care applicable to the Hospital or that any violation of *123 such standard … Sargent objected to the affidavit on the grounds that it (1) failed to establish that Dr. Andrews, a surgical oncologist, was qualified to render an expert opinion regarding the care provided by Dr.

Bankers' Life Co. v. Miller

68 S.W.2d 574 · Court of Appeals of Texas · Feb 15, 1934

This was clearly within the law. … Whether or not the state could thus take mortgaged property without adequate compensation to the mortgagee in violation of the provisions of our Constitution, article 1, § 17, and then successfully plead its immunity from

County Board of School Trustees of Young County v. Bullock Common School Dist. No. 12

37 S.W.2d 829 · Court of Appeals of Texas · Jan 3, 1931

Fraud in securing the signatures to the petition, and that the voters were not qualified. 3. … , and without doubt it may establish such administrative agencies as may be necessary to attain the end in view, which was a general diffusion of knowledge among our people.

Willrich v. M.D. Anderson Hospital & Tumor Institute

1 S.W.3d 831 · Court of Appeals of Texas · Aug 31, 1999

A defendant who moves for summary judgment has the burden of either establishing a defense as a matter of law or disproving as a matter of law at least one element of each of the plaintiffs causes of action. Rosas v. … In reviewing the judgment following a bench trial, the Eighth Circuit would affirm the judgment of the trial court unless it found that the trial court’s judgment was “clearly erroneous.” Johnson, 646 F.2d at 1254 .