Hooten v. Hooten
Decision Date | 21 February 1929 |
Docket Number | (No. 3591.) |
Parties | HOOTEN v. HOOTEN. |
Court | Texas Court of Appeals |
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.
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 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:
The petitioner then alleges that the children have no income of their own, and that she, their mother, has an income sufficient only for her own support. She then proceeds to list in detail a number of articles classed as necessaries which had been furnished the children by relatives and herself since the divorce was granted, aggregating in value the sum of $752.17. She specifies the amount of money that will be required in the future for the support and education of the children during their minority; that amount is placed at $____. The petitioner also alleges that the defendant owns a large amount of valuable real estate from which he derives an annual income, and is amply able to provide for the support and maintenance of the children. The petition then concludes:
The appellant answered by general demurrer and special exceptions and a general denial. He also insisted that the court had no jurisdiction to grant the relief prayed for in appellee's petition.
A jury was waived, and the case was submitted to the court, who rendered a judgment granting, in part, the relief prayed for. In the judgment entered the court recites the following findings: That the...
To continue reading
Request your trial-
Mills v. Habluetzel
...extends beyond the dissolution of marriage, Code § 14.05, regardless of whether the parent has custody of the child, Hooten v. Hooten, 15 S.W.2d 141 (Tex.Civ.App.1929), and may be enforced on the child's behalf in civil proceedings. Code § 14.05(a). Prior to our decision in Gomez, Texas rec......
-
Gomez v. Perez
...duty).1 That duty extends even beyond dissolution of the marriage, Tex.Rev.Civ.Stat., Art. 4639a (Supp.1972—1973); Hooten v. Hooten, 15 S.W.2d 141 (Tex.Civ.App.1929), and is enforceable on the child's behalf in civil proceedings and, further, is the subject of criminal sanctions. Tex. Penal......
-
Brillhart v. Brillhart
...the age of sixteen years and charges that such is not authorized by the law in a hearing such as this. In the case of Hooten v. Hooten, Tex. Civ. App., 15 S.W.2d 141, 143, affirmed by the Supreme Court in Id., 120 Tex. 538, 40 S.W.2d 52, the court said: "It is now the settled law of this st......
-
Miller, In Interest of
...Code Ann. sec. 4.02 (1979). Though this duty extends beyond dissolution of the marriage (Tex.Family Code Ann. sec. 14.05; Hooten v. Hooten, 15 S.W.2d 141 (Tex.Civ.App.-Texarkana), aff'd at 120 Tex. 538, 40 S.W.2d 52 (1931)); is enforceable on the child's behalf in civil proceedings; is the ......