Brashear v. Brashear
| Decision Date | 17 October 1906 |
| Citation | 99 S.W. 568 |
| Parties | BRASHEAR v. BRASHEAR. |
| Court | Texas Court of Appeals |
Appeal from District Court, Bowie County; P. A. Turner, Judge.
Suit for divorce by Rosa Lee Brashear against C. C. Brashear. From a judgment for defendant, plaintiff appeals. Affirmed.
S. J. Henry, for appellant.
This is an appeal from a judgment of the district court refusing to grant a divorce.
It is contended on behalf of the appellant, who was plaintiff in the court below, that the uncontradicted testimony showed such cruel treatment as entitled her to a divorce. We find it unnecessary to decide that point, because of the failure to prove another fact essential to the plaintiff's case. The statute prescribes that "no suit for divorce from the bonds of matrimony shall be maintained in the courts unless the petitioner for such divorce shall, at the time of exhibiting his or her petition, be an actual, bona fide inhabitant of the state, and shall have resided in the county where the suit is filed six months next preceding the filing of the suit." This statute is mandatory, and a compliance with its terms cannot be waived or dispensed with. The statement of facts contains no evidence that the plaintiff resided in Bowie county for six months next preceding the filing of her petition. Having failed to make this essential proof, the trial court rendered the proper judgment. Haymond v. Haymond, 74 Tex. 414, 12 S. W. 90.
No reversible error is shown, and the judgment is affirmed.
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Lawler v. Lawler
...149 S. W. 198; Hunt v. Hunt (Tex. Civ. App.) 196 S. W. 967, 968; Oliver v. Oliver (Tex. Civ. App.) 245 S. W. 1038; Brashear v. Brashear (Tex. Civ. App.) 99 S. W. 568. This case was tried on appellee's first amended petition, filed herein on September 15, 1927. The original petition is not f......
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Franzetti v. Franzetti, 7682.
...149 S. W. 198; Hunt v. Hunt (Tex. Civ. App.) 196 S. W. 967, 968; Oliver v. Oliver (Tex. Civ. App.) 245 S. W. 1038; Brashear v. Brashear (Tex. Civ. App.) 99 S. W. 568." The trial court's judgment is reversed, and the cause Reversed and remanded. ...
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Gallagher v. Gallagher
...months, in the county where the suit for divorce is instituted. Michael v. Michael, 34 Tex. Civ. App. 630, 79 S. W. 75; Brashear v. Brashear (Tex. Civ. App.) 99 S. W. 568; Dickinson v. Dickinson (Tex. Civ. App.) 138 S. W. 205. The part of the article of the statutes herein quoted was constr......
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Hunt v. Hunt
...is filed six months next preceding the filing of the suit. * * *" In Michael v. Michael, 34 Tex. Civ. App. 630, 79 S. W. 74, Brashear v. Brashear, 99 S. W. 568, and Dickinson v. Dickinson, 138 S. W. 205, it was held that an actual residence in the county for 6 months next preceding the fili......