qualifying clause in Texas

2024Id.

2024Id.

1926In the other cases to which we are referred, namely, Burnett v. State, 51 Tex. Cr.

1926In the other cases to which we are referred, namely, Burnett v. State, 100 S. W. 381 ; Beard v. State, 81 S. W. 33 ; McMillan v. State, 126 S. W. 875 ; Gray v. State, 114 S. W. 635 ; Sprinkle v. State, 91 S. W. 787 , if they relate to the subject at all, the charge on the law of provoking the difficulty was faulty in some of the elements essential to its sufficiency The general principle announced, namely, that when a charge on provoking the difficulty is authorized, there should be given a distinct charge upon that subject and a separate charge upon self-defense, must be construed in the ligh

2015Quality, 307 S.W.3d 505 , 516 n.8 (Tex. App.—Austin 2010, no pet.))). 33 Tex. Gov’t Code § 2001.029(b) (emphasis added). 34 Id. § 2001.029(a) (emphasis added). 11 prerequisites to an agency’s ultimate adoption of rules, not as an “absolute procedural right” to a public hearing in connection with a petition requesting an agency to adopt rules.

2007Rather, the complete context of our conclusion, including an important qualifying clause, is, "It is no doubt true that the inventory at some convenience stores, in contrast to the reality, may have a somewhat uniform value in different parts of the state, but we think that does not convert these cases into related cases." (emphasis added) Id. at 85 .

1994Betts warned against the danger of “falling into the habit of formulating the guarantee into a set of hard and fast rules the application of which in a given case may be to ignore the qualifying factors therein disclosed.” Id.

1994Betts warned against the danger of "falling into the habit of formulating the guarantee into a set of hard and fast rules the application of which in a given case may be to ignore the qualifying factors therein disclosed." Id.

1955In construing the habendum clause in South Penn Oil Co. v. Snodgrass, 71 W.Va. 438 , 76 S.E. 961, 967 , 43 L.R.A.,N.S., ,848, the Court said: “May we not, therefore, say the qualifying clause ‘as oil or gas is produced’ ' really means ‘as long as the premises are diligently and efficiently operated, providing minerals shall have been discovered within the fixed term’ ?

1955In construing the habendum clause in South Penn Oil Co. v. Snodgrass, 71 W.Va. 438 , 76 S.E. 961, 967 , 43 L.R.A.,N.S., ,848, the Court said: “May we not, therefore, say the qualifying clause ‘as oil or gas is produced’ ' really means ‘as long as the premises are diligently and efficiently operated, providing minerals shall have been discovered within the fixed term’ ?

1948The guiding authority is Dallas Railway & Terminal Co. v. Ector, 131 Texas 505 , 116 S. W. (2d) 683 , in which, upon appropriate objection to a damage issue equivalent to the one actually submitted in the instant case, it was held error to refuse a qualifying instruction like that in question here, where there was evidence that the plaintiff “is suffering from an infirmity not caused by the accident * * * and where the injuries flowing from the prior existing infirmity and those flowing from the negeligence of the defendant are closely connected and intermingled to the extent that the jury mig

1948The guiding authority is Dallas Railway & Terminal Co. v. Ector, 131 Texas 505 , 116 S. W. (2d) 683 , in which, upon appropriate objection to a damage issue equivalent to the one actually submitted in the instant case, it was held error to refuse a qualifying instruction like that in question here, where there was evidence that the plaintiff “is suffering from an infirmity not caused by the accident * * * and where the injuries flowing from the prior existing infirmity and those flowing from the negeligence of the defendant are closely connected and intermingled to the extent that the jury mig

1926R. 80 , 79 S. W. 540 , the charge applying the law of self-defense to the facts was interwoven with the qualifying instruction touching the law of provoking the difficulty.

1926In the other cases to which we are referred, namely, Burnett v. State, 100 S. W. 381 ; Beard v. State, 81 S. W. 33 ; McMillan v. State, 126 S. W. 875 ; Gray v. State, 114 S. W. 635 ; Sprinkle v. State, 91 S. W. 787 , if they relate to the subject at all, the charge on the law of provoking the difficulty was faulty in some of the elements essential to its sufficiency The general principle announced, namely, that when a charge on provoking the difficulty is authorized, there should be given a distinct charge upon that subject and a separate charge upon self-defense, must be construed in the ligh

1926In the other cases to which we are referred, namely, Burnett v. State, 100 S. W. 381 ; Beard v. State, 81 S. W. 33 ; McMillan v. State, 126 S. W. 875 ; Gray v. State, 114 S. W. 635 ; Sprinkle v. State, 91 S. W. 787 , if they relate to the subject at all, the charge on the law of provoking the difficulty was faulty in some of the elements essential to its sufficiency The general principle announced, namely, that when a charge on provoking the difficulty is authorized, there should be given a distinct charge upon that subject and a separate charge upon self-defense, must be construed in the ligh

1926In the other cases to which we are referred, namely, Burnett v. State, 100 S. W. 381 ; Beard v. State, 81 S. W. 33 ; McMillan v. State, 126 S. W. 875 ; Gray v. State, 114 S. W. 635 ; Sprinkle v. State, 91 S. W. 787 , if they relate to the subject at all, the charge on the law of provoking the difficulty was faulty in some of the elements essential to its sufficiency The general principle announced, namely, that when a charge on provoking the difficulty is authorized, there should be given a distinct charge upon that subject and a separate charge upon self-defense, must be construed in the ligh