Case law

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 .

Dow v. American Liberty Oil Co.

83 S.W.2d 401 · Court of Appeals of Texas · May 8, 1935

That is to say — Did he fix and establish said S. … The court in qualifying this bill of exception, among other things, stated: “The court knew from the previous arguments made to it what counsel was going to tell the jury.

Graham v. Graham

331 S.W.2d 499 · Court of Appeals of Texas · Nov 2, 1959

The list of the property set out in the settlement is too long to copy here, but from the pleadings in the case it is clearly shown that the property received by the appellee was worth far in excess of that received by appellant … “Appellee stresses the voluntary nature of the agreement as making it immune from the statutory bar of permanent alimony. “There are at least two answers to this argument.

Pritchett v. State

874 S.W.2d 168 · Court of Appeals of Texas · Mar 31, 1994

He initially argues that the statement is hearsay, and does not qualify for any of the exceptions to the hearsay prohibition. … While we do not find that appellant’s statement definitively established awareness of his culpability, we do find that the statement meets the statutory definition of relevant evidence.

Morris v. JTM Materials, Inc.

78 S.W.3d 28 · Court of Appeals of Texas · Jul 18, 2002

established. … Because the trial court clearly considered Largent’s affidavits in reevaluating whether its summary judgment for JTM was proper, and in denying a new trial, we likewise consider them.

Texas Entertainment Ass'n v. Combs

431 S.W.3d 790 · Court of Appeals of Texas · May 9, 2014

Furthermore, the record clearly demonstrates that the Comptroller preserved its argument that the sexually-oriented-business tax is a general excise tax at trial. 4 See Tex. *797 R.App. … A party’s burden to establish that the Texas Constitution affords greater free-speech protection than the First Amendment is thoroughly discussed in Commission for Lawyer Discipline v.

Bone v. Black

174 S.W. 971 · Court of Appeals of Texas · Feb 27, 1915

, to determine whether the qualified voters desire the issuance of bonds mentioned in the petition. … The statute in this instance does not expressly provide that the trustees shall not create a deficiency debt, but the Constitution and the statutes clearly imply such a prohibition.

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.

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.

Burleson v. State

802 S.W.2d 429 · Court of Appeals of Texas · Jan 25, 1991

Again, we note that neither the objection nor Burleson’s brief clearly states what kind of “documentation of the facts” was lacking. … Stressing our previous finding that Benson was qualified as an expert, we note that he was qualified to give his opinion as to the number of records missing from the payroll commission file and did not have to base his opinion

State v. Morales

844 S.W.2d 885 · Court of Appeals of Texas · Feb 3, 1993

The statements in question do not qualify under the “res ges-tae” exception. … Appellee had the opportunity to cross-examine Eckstrom but he was unable to establish any evidence raising the issue of self-defense.

Collier v. Allstate County Mutual Insurance Co.

64 S.W.3d 54 · Court of Appeals of Texas · Jun 7, 2001

—Fort Worth 1996, writ denied); see also King, 27 S.W.3d at 121 (holding allegations that employee “negligently” attacked plaintiff and kicked him in face clearly set forth intentional conduct not constituting a covered “ … Applying the reasoning of those cases to the facts alleged, there was clearly no “accident.” Dunn’s pleadings allege, at best, that both Cook and Collier’s actions were voluntary and intentional.

Texas Co. v. Brown

82 S.W.2d 1101 · Court of Appeals of Texas · May 1, 1935

The photograph also clearly showed' the burning flare near the well. … The witness qualified as an expert in matters pertaining to natural gas. The testimony was clearly admissible.

Lingwiler v. Lingwiler

204 S.W. 785 · Court of Appeals of Texas · Jun 22, 1918

After alleging the grounds upon which the divorce was asked and that appellee was better qualified in every way to -care for, maintain, and educate the children, appellee charged, in effect, that it was his belief that appellant … This affidavit, under the statute and several decisions of the appellate courts of this state, is clearly insufficient to authorize the action of the court and alone entitles appellant' to a dissolution of the. in junction

Brotherhood of Locomotive Firemen & Enginemen v. Raney

101 S.W.2d 863 · Court of Appeals of Texas · Jan 27, 1937

But we think the error was manifestly harmless, for the reason that all the matters stated in the above testimony were established by other testimony and such facts are not controverted. … Sutton had in part predicated his diagnosis on such assumption, manifestly no injury could have resulted to appellant, and the error, if such it be, was clearly harmless.

Big Bend Flying Service, Inc. v. Hinojos

489 S.W.2d 694 · Court of Appeals of Texas · Jan 10, 1973

I don’t remember very clearly whether it was that day very early or another day.” Other testimony reveals that this was the same day. … William Champion, who was not qualified to give a medical opinion on deceased’s cause of death. Dr. Frederick Bornstein, a pathologist, testified that in his opinion the deceased died from a mesenteric thrombosis. Mr.

Matagorda County Drainage Dist. No. 1 v. Gaines

140 S.W. 370 · Court of Appeals of Texas · Oct 18, 1911

of this state, in the name of such drainage district, and all courts of this state shall take judicial notice of the establishment of all such districts.” … Boney, the then duly appointed and qualified drainage commissioners of said district,” and the criticism that when the commissioners were mentioned in a succeeding paragraph they were not mentioned as legally qualified and

Flores v. Riveria

473 S.W.2d 613 · Court of Appeals of Texas · Nov 22, 1971

The determination of the weight and credibility of the testimony of the parties to the action and various other witnesses and evidence was clearly for the trial court. … Also, under Section 110 of the Texas Probate Code, V.A.T.S., in order for a person to qualify as a guardian it must be shown that he is a competent person of sound judgment.

City of Beaumont v. Jones

560 S.W.2d 710 · Court of Appeals of Texas · Oct 27, 1977

Tex.Penal Code Ann. art. 734b (since repealed) made it unlawful for a person to operate a beauty shop unless it was a bona fide establishment with a permanent and definite location, but further qualified the prohibition that … There we were confronted with an ordinance clearly inconsistent with State law.