words clause in Texas

2015No claim to original U.S. Government Works. 11 Vinson Minerals, Ltd. v. XTO Energy, Inc., 335 S.W.3d 344 (2010) counsel was only authorized to settle all other matters for a specified amount.

1994Because I would dispose of this appeal on the jury charge argument, I do not address this contention. [5] Appellant's complaint is, in part, that the remaining part of the statute, section 9.32(3)(B), was not included in the jury charge. [6] As noted above, this differs from Vasquez , where self-defense was unavailable as a matter of law to the charged offense of possession of a firearm by a felon. 796 S.W.2d at 558-559 . [7] Even if appellant had shown "sudden passion" and "adequate cause," necessary to lower murder to voluntary manslaughter, conviction would still have been the result.

1989The court of appeals in Montanye v. Transamerica Insurance Co., 638 S.W.2d at 521 held that the phrase “reduced by the amount recovered or recoverable from the insurer of the underin-sured motor vehicle” modifies the phrase “an amount up to the limit specified in the policy.” In doing so, the court applied the doctrine of “last antecedent” under which a qualifying phrase is said to modify the words or clause immediately preceeding it.

1989Id.

1984Hawkins, 626 S.W.2d at 333 .

1978These cases hold that submission of the causation instruction or issue should follow the statutory phrase “in whole or in part,” *786 and most of them approve a paraphrase of the language in the Rogers case, supra, in the words of the instruction requested by plaintiff in this case: . . a cause which .played any part, no matter how small, in actually bringing about or causing the injury.” Other cases which have approved the instruction substantially as requested by the plaintiff in this case are Pehowic v. Erie Lackawanna Railroad Co., 430 F.2d 697 (3d Cir. 1970); Waller v. Southern Pacific Co

1978These cases hold that submission of the causation instruction or issue should follow the statutory phrase “in whole or in part,” *786 and most of them approve a paraphrase of the language in the Rogers case, supra, in the words of the instruction requested by plaintiff in this case: . . a cause which .played any part, no matter how small, in actually bringing about or causing the injury.” Other cases which have approved the instruction substantially as requested by the plaintiff in this case are Pehowic v. Erie Lackawanna Railroad Co., 430 F.2d 697 (3d Cir. 1970); Waller v. Southern Pacific Co

1978These cases hold that submission of the causation instruction or issue should follow the statutory phrase “in whole or in part,” *786 and most of them approve a paraphrase of the language in the Rogers case, supra, in the words of the instruction requested by plaintiff in this case: . . a cause which .played any part, no matter how small, in actually bringing about or causing the injury.” Other cases which have approved the instruction substantially as requested by the plaintiff in this case are Pehowic v. Erie Lackawanna Railroad Co., 430 F.2d 697 (3d Cir. 1970); Waller v. Southern Pacific Co

1978These cases hold that submission of the causation instruction or issue should follow the statutory phrase “in whole or in part,” *786 and most of them approve a paraphrase of the language in the Rogers case, supra, in the words of the instruction requested by plaintiff in this case: . . a cause which .played any part, no matter how small, in actually bringing about or causing the injury.” Other cases which have approved the instruction substantially as requested by the plaintiff in this case are Pehowic v. Erie Lackawanna Railroad Co., 430 F.2d 697 (3d Cir. 1970); Waller v. Southern Pacific Co

1978These cases hold that submission of the causation instruction or issue should follow the statutory phrase “in whole or in part,” *786 and most of them approve a paraphrase of the language in the Rogers case, supra, in the words of the instruction requested by plaintiff in this case: . . a cause which .played any part, no matter how small, in actually bringing about or causing the injury.” Other cases which have approved the instruction substantially as requested by the plaintiff in this case are Pehowic v. Erie Lackawanna Railroad Co., 430 F.2d 697 (3d Cir. 1970); Waller v. Southern Pacific Co

1975McMurray v. Stanley (Tex.Sup.Ct.1887) 69 Tex. 227 , 6 S.W. 412 .

1975McMurray v. Stanley (Tex.Sup.Ct.1887) 69 Tex. 227 , 6 S.W. 412 .

1970Affirmed 103 Tex. 10 , 122 S.W. 13 (1909).

1970Affirmed 103 Tex. 10 , 122 S.W. 13 (1909).

1965The language used in the policies "must be construed according to the evident intent of the parties, to be derived from the words used, the subject-matter to which they relate, and the matters naturally or usually incident thereto," and it is only when "the words admit of two constructions, that one will be adopted most favorable to the insured." Brown v. Palatine Insurance Company, 89 Tex. 590 , 35 S.W. 1060 (1896).

1965The language used in the policies "must be construed according to the evident intent of the parties, to be derived from the words used, the subject-matter to which they relate, and the matters naturally or usually incident thereto," and it is only when "the words admit of two constructions, that one will be adopted most favorable to the insured." Brown v. Palatine Insurance Company, 89 Tex. 590 , 35 S.W. 1060 (1896).

1948But the same words in the clause, “to the husband of a daughter, or the wife of a son,” were interpreted to include the surviving spouse of a deceased daughter or son, for reasons stated in Lewis v. O’Hair, Tex.Civ.App., 130 S.W.2d 379 .

1924The Supreme Court of Maine, in the case of Utterstrom v. Kidder, decided last June, and reported in 124 Me. 10 , 124 A. 725 , lays down in just a few words a test which seems to us to be in harmony with all the authorities.

1924The Supreme Court of Maine, in the case of Utterstrom v. Kidder, decided last June, and reported in 124 Me. 10 , 124 A. 725 , lays down in just a few words a test which seems to us to be in harmony with all the authorities.