Dyer v. Dyer, 12103.
| Decision Date | 26 October 1935 |
| Docket Number | No. 12103.,12103. |
| Citation | 87 S.W.2d 489 |
| Parties | DYER et al. v. DYER. |
| Court | Texas Court of Appeals |
Appeal from District Court, Dallas County; Claude M. McCallum, Judge.
Suit by Helen Dyer against Lyman L. Dyer and another. From an order refusing to dissolve a temporary injunction, the defendants appeal.
Judgment affirmed.
S. L. (Jack) Lewis, of Dallas, for appellants.
Allen & Allen and E. G. Moseley, all of Dallas, for appellee.
This is an appeal from an order refusing to dissolve a temporary injunction preserving the status quo of property involved in a divorce suit brought by the appellee, Helen Dyer, against the appellant Lyman L. Dyer, and impounding a portion of his salary to abide a final decree in the case. The Lone Star Gas Company was brought into the suit merely to impress upon it an office in the nature of a trustee to effectually impound the salary.
It is a settled rule in this state that the power conferred upon a district court in a divorce suit is a broad one, and, on a proper showing, the court or judge thereof may make all necessary orders respecting the property and parties, and such proceedings are not dependent upon the prerequisites in respect of notice and hearing, as is proper and essential generally in other actions. Such temporary orders may be made with or without notice and with or without application therefor. Crawford v. Crawford (Tex. Civ. App.) 163 S. W. 115; Reum v. Reum (Tex. Civ. App.) 209 S. W. 760; Childress v. State Trust Co. (Tex. Civ. App.) 32 S. W. 330; West et al. v. Herman et al., 47 Tex. Civ. App. 131, 104 S. W. 428.
Article 4636, Revised Statutes 1925, declares that: "Pending suit for a divorce the court, or the judge thereof, may make such temporary orders respecting the property and parties as shall be deemed necessary and equitable." Where it appears to the court or judge to be necessary, in order to preserve the property involved in a divorce suit, or where the property is in danger of being lost, removed, or materially injured, or is of such character as may be placed beyond the reach of the court to abide the final decree in the case, or where the court or judge has made an order for an allowance of alimony to the wife, it becomes the duty of the district court or the judge, in the exercise of the broad discretionary power, to make pertinent temporary orders as shall be deemed necessary and equitable until a final decree shall be made in the case.
In line of duty, the judge of a district court of Dallas county, Tex., allowed the plaintiff alimony in the sum of $56.25 per week for her maintenance during the pendency of a divorce suit, and made an order, from which this appeal is directed, providing "that the clerk issue a temporary restraining order * * * restraining the defendants, Lyman L. Dyer and the Lone Star Gas Company, and each of them, from in any manner disposing of the property of plaintiff and defendant, rights, stocks, bonds, assets, money or salary, and the payment of the same, or any part thereof, to the said Lyman L. Dyer, or the use and disposition by him thereof, upon the plaintiff giving bond in the sum of One Hundred ($100.00) Dollars, conditioned as required by law." Subsequently, the judge amended the order to provide: "In so far as applies to the said defendant, Lone Star Gas Company, * * * the said defendant, Lone Star Gas Company, may pay over to the defendant, Lyman L. Dyer, all of his salary excepting the amount of...
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