Carle v. Carle
Decision Date | 29 November 1950 |
Docket Number | No. A-2892,A-2892 |
Citation | 149 Tex. 469,234 S.W.2d 1002 |
Parties | CARLE et al. v. CARLE. |
Court | Texas Supreme Court |
Dibrell & Gardner, James F. Gardner and Sam J. Dotson, all of San Antonio, for appellants.
Conger, Baskin & Casseb, Paul E. Casseb, San Antonio, for appellee.
The certificate from the Court of Civil Appeals, 8th District, at El Paso recites
The first and second questions certified are:
A litigant cannot treat a judgment as both right and wrong, and if he has voluntarily accepted the benefits of a judgment, he cannot afterward prosecute an appeal therefrom. That is the general rule which appears to be universally recognized. It was announced by this court in the early case of Matlow v. Cox, 25 Tex. 578. The rule is based on the principle of estoppel. It, however, is subject to the exception that '* * * where the reversal of a judgment cannot possibly affect an appellant's right to the benefit secured under a judgment, then an appeal may be taken, * * *.' 2 Am.Jur.,...
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Kramer v. Kastleman
...provisions of a final divorce decree.3 We last examined the acceptance-of-benefits doctrine more than sixty-five years ago in Carle v. Carle , which is the only time we have applied the doctrine in a marital-dissolution case.4 We granted review in this case because, in the intervening years......
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Bradshaw v. Bradshaw, 16–0328
...vests discretion in the trial court in determining the proper division of the community estate of the parties." Carle v. Carle , 149 Tex. 469, 234 S.W.2d 1002, 1005 (1950) (emphasis added).Under the Code, the trial court "was empowered, in pronouncing the decree of divorce, to order a divis......
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Liming v. Liming
...In re Marriage of Fonstein, supra; Anderson, supra; Gordon, supra; Marshall v. Marshall, 364 P.2d 891 (Okla.1961); Carle v. Carle, 149 Tex. 469, 234 S.W.2d 1002 (1950); Bailey, supra; Simon, supra; Finck v. Finck, 9 Ariz.App. 382, 452 P.2d 709 Where the reversal of the judgment cannot possi......
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In re Lang
...marriage, indicating property division overtones. Texas, Jackson v. Jackson, 506 S.W.2d 261 (Tex.Civ.App., 1974), Carle v. Carle, 149 Tex. 469, 234 S.W.2d 1002 (1950), treats attorney fees as a factor to consider in the total distribution of the marital 6 Local Loan Co. v. Hunt, 292 U.S. 23......
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Chapter 16-12 Estoppel
...App.—Houston [14th Dist.] 1982, writ ref'd n.r.e.).[112] Kramer v. Kastleman, 508 S.W.3d 211, 218 (Tex. 2017) (citing Carle v. Carle, 234 S.W.2d 1002, 1002-5).[113] Kramer v. Kastleman, 508 S.W.3d 211, 228 (Tex. 2017).[114] Kramer v. Kastleman, 508 S.W.3d 211, 228 (Tex. 2017) (citing BMG Di......