Garcia v. Garcia, 11457.
| Decision Date | 29 November 1944 |
| Docket Number | No. 11457.,11457. |
| Citation | 185 S.W.2d 227 |
| Parties | GARCIA v. GARCIA. |
| Court | Texas Court of Appeals |
Smallwood & Gibbon, of Harlingen, for plaintiff in error.
John Q. Adams and Polk Hornaday, both of Harlingen, for defendant in error.
This is a divorce case brought here by writ of error. Articles 2249 and 2249a, Vernon's Ann.Civ.Stats., Rules 359-363, Texas Rules of Civil Procedure.
The complaint of the sufficiency of the petition for divorce is not well taken, but the judgment must be reversed as the evidence is not "full and satisfactory" as required by Article 4632, Vernon's Ann.Civ. Stats.
As cause for divorce, defendant in error, Telesforo Garcia, relied upon the grounds set forth in Article 4629, § 1, Vernon's Ann.Civ.Stats.
Telesforo Garcia was the only witness who testified at the trial and the record of his testimony occupies three and a half pages of a Q and A statement of facts.
It appears that Telesforo Garcia married plaintiff in error, Atanacia Chamberlain de Garcia, in 1921. They separated in April, 1943. The parties have a son twenty-two years of age, now serving in the American Navy. They had separated several times prior to the 1943 separation.
As to the nature of his wife's conduct, Telesforo Garcia testified as follows:
Under the authorities the decree cannot stand. McCullough v. McCullough, 120 Tex. 209, 36 S.W.2d 459; Hyatt v. Hyatt, Tex.Civ.App., 111 S.W.2d 341; 15 Tex. Jur. 547, § 84.
The judgment appealed from is reversed and the cause remanded.
On Motion for Rehearing.
Appellee has filed a motion for rehearing in which he says: ...
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