Case law

Greaves v. Driggers

252 S.W.2d 782 · Court of Appeals of Texas · Oct 9, 1952

There are involved here 11 votes only which were cast and returned for Greaves, but on the trial of the contest were eliminated and deducted from his total on the ground the electors casting such votes were not qualified … establish it.

Ferguson v. Ferguson

13 S.W.2d 456 · Court of Appeals of Texas · Jan 17, 1929

The record clearly sustains the conclusion that the appellee was legally appointed temporary administrator of the estate of Mrs. … Morton; that he had qualified as such, and that he was charged with the duty of pre^ serving the estate.

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 art. 734b (since repealed) made it unlawful for a person to operate a beauty shop unless it was a bona fide establishment with a permanent and definite location, but further qualified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.

Cunningham v. State

846 S.W.2d 147 · Court of Appeals of Texas · May 5, 1993

Blood stains and other evidence established that at least some of these injuries were sustained in one of. the motel rooms rented by Lowman. … In general, the trustworthiness of the statement is clearly indicated when: 1) there is evidence independent of the statement itself that tends either directly or circumstantially to establish the truth of the matter asserted

Lacy v. State

901 S.W.2d 518 · Court of Appeals of Texas · Feb 28, 1995

TexCode Crim.ProcAnn. art. 36.09 (Vernon 1981) Although the right to a severance is not absolute, the denial of a motion to sever constitutes an abuse of discretion when the movant can show that a joint trial was clearly … Andre Ray, a co-indictee, was offered immunity by the State and testified that the exchange that he had made with Appellant involved the sale of crack cocaine.

Burgess v. State

313 S.W.3d 844 · Court of Appeals of Texas · May 13, 2010

A year later, the supreme court reiterated that an order adopted by a commissioners court is generally considered immune from collateral attack unless it is “wholly void” and an “absolute nullity” and that “every departure … For instance, the qualifying power of attorney says that Burgess may affix the seal of Seneca Insurance Co., Inc. on “all documents necessary or incidental to the execution of bail bonds.” 7 .

Harrison v. Barngrover

72 S.W.2d 971 · Court of Appeals of Texas · Jun 1, 1934

Barngrover, duly qualified as guardian of the estate of the minors in the probate court of Liberty county, and on February 21, 1916, he made application to the court to make a mineral lease upon the 43-aere tract of land … For any court to act within its jurisdiction, in the sense that its judgment is immune fi-om collateral attack, it must not only have jurisdiction of the parties and of the res or property to be dealt with, but it must also

Magnolia Petroleum Co. v. Reed

42 S.W.2d 274 · Court of Appeals of Texas · Sep 18, 1931

did not necessarily admit a liability either to them or to the plaintiff; but, unexplained, it tends in that direction. , It was susceptible of explanation, and its weight depended upon such facts as might be adduced to qualify … This was clearly hearsay. The record does not show that this error was harmless, but, contrarily, that it was damaging.

Gibbs v. Corbett

292 S.W. 260 · Court of Appeals of Texas · Feb 24, 1927

He-does not even qualify his possession to the extent required by statute that it be peaceable and adverse. The latter is defined in Revised Statutes, art. 5515, as: ! … As used in the limitation statute, it clearly means actual possession as expressly prescribed in article 5515, above quoted.

Stamps v. Tittle

167 S.W. 776 · Court of Appeals of Texas · Mar 10, 1914

“I have deemed it advisable to make the foregoing statement in order that the record in this matter may be clearly placed before you and be shown in your proceedings. “Bespeetfully submitted, O. B. … Tittle to establish that he has some right to the office he claims, has he shown this by proof? We think-not. Mr.

Cordova v. State

754 S.W.2d 502 · Court of Appeals of Texas · Jul 20, 1988

In the instant case the chemist was duly qualified as an expert in the field. He was, therefore, competent and qualified to testify. Hopkins v. State, 480 S.W.2d 212 (Tex.Crim.App.1972). … In the instant case the evidence clearly reflects that appellant’s automobile had not yet been located at the time appellant’s statement was given.

Millhollon v. Stanton Independent School Dist.

221 S.W. 1109 · Court of Appeals of Texas · May 13, 1920

The act, by the nineteenth section quoted, clearly provides for and makes it the duty of the trustees to levy and collect the tax for the maintenance of the public free schools in that district, but does not in detail provide … S., the powers of the board of trustees are vested with the full management and control of the free schools of towns and villages, and by the article vested with all the powers, rights and duties in regard to the establishment

Jones v. Hanna

24 Tex. Civ. App. 550 · Court of Appeals of Texas · Dec 22, 1900

The power of the president of a private corporation to sell the property of the corporation and his power to execute a deed in pursuance of a sale clearly made by the board of directors, are powers quite different in their … This we think appellee established, so far as the deed in question is concerned, when, as before seen, he showed that it had been duly executed.

Longoria v. Alamia

227 S.W.2d 582 · Court of Appeals of Texas · Jan 25, 1950

No statement of facts has been filed in this Court and the nature of the case and the issues involved are clearly shown by the pleadings, which were sworn to and from which we copy the following material parts, to-wit: “That … Alamia qualified -as temporary administrator of the estat of Luis Solis, deceased, and that appellants and others are contesting the right to administration and as to heirship and are making -claim to the estate as heirs

Chicago, R. I. & G. Ry. Co. v. Forrester

137 S.W. 162 · Court of Appeals of Texas · Apr 13, 1911

Forrester’s own testimor ny established the following facts: When he left Ft. … “clearly appears” that no injury has resulted to the opposing party.

Federal Surety Co. v. Waite

297 S.W. 312 · Court of Appeals of Texas · Jun 4, 1927

So considering the contract of insurance in question, it is clearly one of indemnity. Its major purpose was to indemnify appellee for loss of time, occasioned by a total incapacity to labor arising from sickness. … Where the facts of total incapacity and loss of time are otherwise established without dispute, or contest, as in the case here, reversible error should not be made to rest alone on the mere failure to establish the vital

Mathews v. Autry

65 S.W.2d 798 · Court of Appeals of Texas · Nov 9, 1933

, and, if rejected, to establish it by suit' in a court of competent jurisdiction. … If Autry had undertaken to establish his claim in the usual manner as a fixed indebtedness against the estates of the minors, he clearly should have pursued the course • prescribed by the statutes.

Malone-Hogan Hospital Clinic Foundation, Inc. v. City of Big Spring

288 S.W.2d 550 · Court of Appeals of Texas · Feb 24, 1956

It has been held that the burden is on the tax exemption claimant to clearly establish its right thereto and that such claim cannot be sustained unless it is shown to be a purely public charity in spirit as well as within … But appellant had the onerous burden of clearly establishing that as organized and actually operated it was a purely public charity.

Ridgway v. City of Fort Worth

243 S.W. 740 · Court of Appeals of Texas · May 6, 1922

This is very clearly disclosed by the answer of appellees in this case. … Section 19, article 1, reads; “No citizen of this state shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.”