Adams v. Adams

• Decision Date: 21 October 1948
• Docket Number: No. 2823.,2823.
• Parties: ADAMS et ux. v. ADAMS.
• Court: Texas Court of Appeals

214 S.W.2d 856

ADAMS et ux. v. ADAMS.

No. 2823.

Court of Civil Appeals of Texas. Waco.

October 21, 1948.

Rehearing Denied November 24, 1948.

Appeal from District Court, Bexar County; Robert W. B. Terrell, Judge.

Action to establish right and title in alleged community property by Blanche W. Adams against Roy L. Adams and wife. From a judgment overruling defendants' motion to dissolve a temporary injunction, the defendants appeal.

Reversed and rendered.

Rice, Waitz & Rice, of San Antonio, for appellants.

J. McCollum Burnett, of San Antonio, and Bates, Cartwright & Bates, of Houston, for appellee.

HALE, Justice.

Appellee instituted this suit against her former husband and his present wife in the 37th Judicial District Court of Bexar County, Texas, seeking to establish her asserted right and title in and to certain property alleged to be the community property of herself and her former husband and to recover the value thereof. She also sought and secured a temporary restraining order followed by a temporary injunction, restraining and enjoining appellants from disposing of certain corporate stock during the pendency of the suit. Thereafter, appellants filed their motion to dissolve the temporary injunction upon extensive allegations to the effect that the court below did not have jurisdiction over the subject matter involved in the suit of appellee because such suit constituted a collateral attack upon a final judgment theretofore rendered by the 55th Judicial District Court of Harris County granting appellee a divorce and adjudicating the property rights asserted in the present suit. Upon a hearing, appellants' motion to dissolve the temporary injunction was overruled and this is an appeal from the order overruling that motion.

The controlling question presented upon the appeal is whether or not the present suit of appellee, in so far as she seeks injunctive relief, constitutes a collateral attack upon the prior judgment of divorce rendered in Harris County. If so, the order here appealed from should be reversed; otherwise, it should be affirmed. In passing upon the question thus presented it is necessary to determine (1) the legal operation and effect of the judgment in the prior suit and (2) the nature of the cause of action asserted by appellee in the present suit.

It is generally held that the legal operation and effect of a judgment must be ascertained by a construction and interpretation of its terms. Where the language used in a judgment is plain and unambiguous, there is no room for construction or interpretation and it becomes the duty of the courts to declare the effect thereof in the light of the literal meaning of the language therein employed. However, if the language used is ambiguous the judgment should be construed as a whole so as to give reasonable meaning and effect to all of its terms and provisions. While necessary legal implications are included, although not specifically expressed, the adjudication does not extend beyond that which the language actually used in the judgment fairly warrants. In arriving at the true intent, meaning and legal effect of a judgment the courts may, if necessary, consider the entire judgment roll. 49 C.J.S., Judgments, § 436, p. 862; Magnolia Petroleum Co. v. Caswell, Tex.Civ. App., 295 S.W. 653; Campbell v. Schrock, Tex.Com.App., 50 S.W.2d 788; Keton v. Clark, Tex.Civ.App., 67 S.W.2d 437 (er. ref.); General Exchange Ins. Corp. v. Appling, Tex.Civ.App., 144 S.W.2d 699.

Appellee filed the former suit for divorce against appellant, Roy L. Adams, in the District Court of Harris County on December 4, 1942. She alleged facts in her petition showing the jurisdiction of the court to try the cause of action therein asserted. She also alleged that she and defendant were married in the State of Illinois on November 8, 1919, and thereafter lived together as husband and wife until January 3, 1942, when they separated because of the cruel treatment therein set forth. She further alleged that an agreement had been reached between the parties with reference to the settlement of their property rights, "which agreement will be placed in writing, and in due form, and otherwise the facts will be made known to the Court and Judgment rendered accordingly." On January 22, 1945, defendant filed a verified waiver of service and entered his appearance in the cause in which he expressly admitted and affirmatively alleged "that all property rights between him and plaintiff have been settled and adjusted by their agreement in writing."

On March 17, 1945, a final judgment was rendered by the District Court of Harris County granting appellee the divorce sought by her, the decree providing further as follows: "It being further made known to the Court that the value of all personal property belonging to the Community Estate of Plaintiff and Defendant has been agreed upon, the Plaintiff has been paid for her interest therein, but in addition to the payment made in cash on the date of this judgment, to conclude the personal property settlement and obligation defendant will, within a reasonable time procure and deliver to Plaintiff a car suitable for her requirements, and will pay Seventy five ($75.00) Dollars on the first of each month beginning May 1, 1945, for a total of twelve (12) months, making a total sum of Nine Hundred ($900.00) Dollars; the delivery of the car, and the consummation of the payments as provided will consummate such property settlement as provided and agreed upon."

We think the legal effect of the foregoing judgment was to adjudicate the property rights of the parties thereto in and to all personal property then belonging to their community estate. It affirmatively appears from their pleadings that the parties had reached an agreement with reference to the settlement of their property rights which they wished to have incorporated into the judgment of divorce if and when such judgment should be rendered. Not only so, but it...