15 S.W.2d 141 (Tex.Civ.App. 1929), 3591, Hooten v. Hooten

Docket Nº:3591.
Citation:15 S.W.2d 141
Opinion Judge:HODGES, J.
Party Name:HOOTEN v. HOOTEN.
Attorney:Dial & Brim, of Sulphur Springs, for appellant. R. D. Allen, of Sulphur Springs, for appellee.
Case Date:February 21, 1929
Court:Court of Appeals of Texas, Court of Civil Appeals of Texas
 
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Page 141

15 S.W.2d 141 (Tex.Civ.App. 1929)

HOOTEN

v.

HOOTEN.

No. 3591.

Court of Civil Appeals of Texas, Texarkana.

February 21, 1929

Rehearing Denied March 14, 1929.

Appeal from District Court, Hopkins County; Grover Sellers, Judge.

Suit by Alice Hooten, as next friend of her minor children, against J. A. Hooten. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

Dial & Brim, of Sulphur Springs, for appellant.

R. D. Allen, of Sulphur Springs, for appellee.

HODGES, J.

The appellant and the appellee were formerly husband and wife. They were divorced in a suit brought by the wife some time during the year 1926. At the time of the divorce they had two children, both minors; one a girl, then about 17 years of age; the other a boy about 14 years of age. It appears that in the divorce decree no provision was made for the custody of the children or for their maintenance and support. By agreement, apparently, the children remained with their mother. This suit was

Page 142

filed by the appellee, Mrs. Hooten, against her former husband, as the next friend of her two minor children. The following excerpt from the amended original petition shows the nature of the suit and the purpose for which it was instituted:

"Alice Hooten, dismissing in this cause, upon demurrer of defendant, her suit, without prejudice, wherein she sues in her own behalf, here amends, after leave of the Court being granted, the original petition, filed herein on the 10th day of August, 1927, and here prepares and files the First Amended Original Petition, and so amending says:

"That she, Alice Hooten, resides in Hopkins County, Texas, and brings this suit as the next friend of her two minor children, Jewell Hooten, a girl, eighteen years of age on the 25th day of July, 1927; and Dennis Hooten, a boy, who was fifteen years of age on the 22nd day of November, 1926, plaintiffs, against J. A. Hooten, defendant; all of the above named parties residing in Hopkins County, Texas, said minors residing with their said mother.

"That said above named minors are the children of plaintiff as next friend and defendant, who were divorced from the bonds of matrimony by the District Court of Hopkins County, Texas, on the 25th day of August, 1926, cause No. 7326, Alice Hooten-vs-J. A. Hooten, wherein it was agreed that said Dennis Hooten remain in the custody of said mother, Alice Hooten, plaintiff as next friend herein; the custody of said minor Jewell Hooten not being provided for in such divorce proceedings, but also remained in the custody of her mother, Alice Hooten, till the present time; and this suit is brought to recover expenditures in maintenance and education, care and comfort of such minors from said 25th day of August, 1926, to the filing of this suit on the 10th day of August, 1927; and for the recovery of a reasonable amount reasonably necessary, considering the condition and station in life of all the parties herein, for such maintenance, education, care and protection of such minors from the said time of the bringing...

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