Hogue v. Hogue, 14329
| Citation | 242 S.W.2d 673 |
| Decision Date | 04 May 1951 |
| Docket Number | No. 14329,14329 |
| Parties | HOGUE v. HOGUE. |
| Court | Texas Court of Appeals |
Blakeley & Blakeley and Carey Williams, all of Dallas, for appellant.
Jack Y. Hardee, Robert H. Fields and W. B. Fields, all of Athens, for appellee.
Appellee filed this action based on cruel treatment for a divorce against appellant and for custody of their minor child. In a contested trial before the court without a jury the divorce was granted appellee but the custody of the child was awarded appellant, with an allowance of $25 per month for the support of the child. Appellant duly perfected her appeal and here assigns three points of error to the granting of the divorce, in substance that appellee failed to establish by full and satisfactory evidence (1) six months residence in Henderson County; or (2) cruel treatment as alleged; and (3) error in granting divorce on the uncorroborated evidence of appellee. The evidence on the first point was that prior to the first wedding both parties lived at Brownsboro in Henderson County, Texas, had gone to school together, and known each other all their lives. Appellee had returned from some three years service in the Armay and entered Southern Methodist University, where appellant was also a student, and went with appellant about a month before their first marriage. A short time after such first marriage, appellee was granted a divorce from appellant. On July 22, 1946, they remarried in Brownsboro and operated a store there for about 18 months; then sold the store and started on vacation to Mexico with intention of returning and going to school. While passing through the Valley, they decided to stop there and farm for a while in order to add to their school funds. Failing to accumulate more than a living, they left about four months later and went to Kilgore where appellee enrolled in Kilgore Junior College. While there, he and his wife ran a liquor store. They left Kilgore about September 1949 and went to Commerce where appellee again entered school; while in school there, worked some in a grocery store; his testimony being that he did not intend to make his home any place other than Brownsboro in Henderson County; that he had no intention of living any other place permanently until he finished school. He testified that he and his wife would return to Brownsboro and remain until he found a job, and then if he found better permanent employment away from Brownsboro than in Brownsboro he probably would move to such place where such permanent employment could be obtained. Until then, Brownsboro would be his home.
Appellee further testified on cross-examination:
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He also testified that he did not then have any property in Henderson County or elsewhere; that the only poll tax he had paid was either in 1946 or 1947, and in Henderson County; that as a student in College, his designated home was Brownsboro in Henderson County. While appellee's evidence was controverted by appellant, such conflicts were by the trier of the facts resolved in appellee's favor. Under the facts the domicile claimed by appellee was his domicile of origin as distinguished from a domicile of choice. As stated in Struble v. Struble, Tex.Civ.App., 177 S.W.2d 279, at page 283, Syl. 2: In Texas 'the rule seems to be...
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U.S. v. Otherson
...that "inhabitant," "resident," and "citizen," as used in that state's divorce law, had substantially the same meaning, Hogue v. Hogue, 242 S.W.2d 673 (Tex.Civ.App.1951), while the Iowa Supreme Court insisted that the same terms "are not necessarily coextensive, coexistent, or synonymous." H......
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