Defee v. Defee
| Decision Date | 03 May 1899 |
| Parties | DEFEE v. DEFEE. |
| Court | Texas Court of Appeals |
Appeal from district court, Shelby county; Tom C. Davis, Judge.
Action for divorce by Charley Defee against Lula Defee. Judgment for defendant, with an order that plaintiff pay five dollars per month for the support of their child, and plaintiff appeals. Reformed and affirmed.
E. B. Wheeler and Jas. T. Polley, for appellant.
Proceeding by appellant against appellee for divorce and for custody of their two children. More than three years before the institution of the suit the wife went to her father's home, taking with her the two children. Very shortly afterwards, by arrangement between them, the father took the girl, and the mother kept the boy. Shortly before the suit was instituted, the mother, when the girl was at school, went for her, and took her to her father's. By interlocutory order the court restored the girl to the father pending the proceeding. The district court refused the divorce, awarded plaintiff the girl, and defendant the boy, and decreed that plaintiff should pay defendant monthly the sum of five dollars for the maintenance of the boy during its minority, or until the parties should resume their marital relations. We have carefully read the statement of facts in this case, and the conclusions of the judge, and we are unable to say there was any error in the refusal of the divorce. There was ample testimony given, which, taken to be true, would defeat the action.
It is assigned as error that the court had no power, having refused the divorce, to adjudge that plaintiff pay defendant a certain sum each month, during the minority of the boy, for his maintenance. The parties, after this decree, were still man and wife. The legal obligation and liability of the father for the necessary support and maintenance of his minor child remained, and the nature and extent of the obligation was to furnish or pay for such necessaries as, from his station in life, it was his duty to furnish the child. Walling v. Hannig, 73 Tex. 582, 11 S. W. 547. While we think the court had, in this proceeding, and upon the pleadings, the power to render the judgment affecting the custody of the children, and that judgment was properly rendered, in view of the evidence and the welfare of the children (Nels. Div. & Sep. § 979), we are of opinion that it should not have adjudged and fixed liability against plaintiff for the support of the child, nor have made any...
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Ex Parte Badger
...435; Knoll v. Knoll, 114 La. 703, 38 South. 523; Power v. Power, 65 N. J. Eq. 93, 55 Atl. 111; Lusk v. Lusk, 28 Mo. 91; Defee v. Defee (Tex. Civ. App.) 51 S. W. 274; Baird v. Baird, 21 N. J. Eq. 384; Matter of Tierney, 128 App. Div. 835, 112 N. Y. Supp. 1039; 19 C. J. §§ 789, 794, and V. Pr......
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In re Badger
...Rep. 435, 89 S.W. 478; Knoll v. Knoll, 114 La. 703, 38 So. 523; Power v. Power, 65 N.J.Eq. 93, 55 A. 111; Lusk v. Lusk, 28 Mo. 91; Defee v. Defee, 51 S.W. 274; Baird Baird, 21 N.J.Eq. 384; Matter of Tierney, 128 A.D. 835, 112 N.Y.S. 1039; 19 C. J. 789, 794 and notes.] V. The jurisdiction of......
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Jacobs v. Jacobs
...S. W. 478, the application of the wife for a divorce was denied, but she was held entitled to the custody of the children. In Defee v. Defee (Tex.) 51 S. W. 274, the father brought suit for divorce and for custody of the two children. The court refused the divorce but awarded the custody of......
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Jacobs v. Jacobs
...W. 478, the application of the wife for a divorce was denied, but she was held entitled to the custody of the children. In Defee v. Defee (Tex. Civ. App.) 51 S. W. 274, the father brought suit for divorce and for custody of the two children. The court refused the divorce, but awarded the cu......