Hughes v. Hughes, 14948
| Decision Date | 07 January 1955 |
| Docket Number | No. 14948,14948 |
| Citation | 275 S.W.2d 506 |
| Court | Texas Court of Appeals |
| Parties | W. R. HUGHES, Appellant, v. Lilla Long HUGHES, Appellee. |
Edwin Lacy, Longivew, and Fred V. Hughes, Tyler, for appellant.
Earl Roberts, Longview, Wynne & Wynne and William A. McKenzie, Dallas, for appellee.
Appellant W. R. Hughes filed suit in the 95th District Court of Dallas County, Texas, seeking an injunction to restrain appellee, Lilla Long Hughes, his wife, from further prosecuting a divorce suit previously filed by her in the 124th District Court, Gregg County, Texas. This appeal is from a judgment of the 95th District Court refusing the injunction and dismissing appellant's suit.
Appellee filed her suit for divorce in Gregg County, Texas, on August 24, 1954, alleging that she had been a bona fide inhabitant of the State of Texas for more than twelve months and had resided in Gregg County, Texas, for more than six months next before filing her petition. On August 25, 1954, she was granted a restraining order returnable September 3, 1954, enjoining her husband from harassing, threatening, annoying, or conversing with her, and also enjoining him from selling, withdrawing, encumbering, etc., their property, which she alleged to be of a value in excess of $1,000,000. The husband was also ordered to file within 10 days an inventory of all property accumulated since August 18, 1931, the date of their marriage.
On September 20, 1954, appellant W. R. Hughes filed his answer in the Gregg County divorce suit, which answer consisted of a plea to vacate the restraining order and dismiss the suit, a plea to the jurisdiction and to dismiss, and a plea in abatement and to dismiss-all on the alleged ground that appellee had not resided in Gregg County for six months next preceding the filing of her suit. These pleas were followed by a general denial, addressed to the merits of appellee's suit. In support of appellant's pleas Robert G. Storey, Jr., filed a written appearance and pleading as amicus curiae.
On September 23, 1954, appellee filed her detailed answer to the pleas of appellant and the amicus curiae.
Meantime hearings on the various pleas and applications had been postponed from September 3, 1954, to September 25, 1954. On the latter date the hearings were held. Appellee announced that she did not desire further to prosecute her demand for injunction (which had already been modified) or for an inventory and appraisement 'at this time.' After hearing the evidence and the argument of counsel the court took the pending matters under advisement; and on September 30, 1954, rendered its judgment ovrruling appellant's pleas to the jurisdiction, in abatement, and to dismiss, and also rendered judgment dissolving the restraining order and the order for an inventory and appraisement which had been granted at appellee's request. Notice of appeal to the Texarkana Court of Civil Appeals was given by appellant W. R. Hughes and amicus curiae Robert G. Storey, Jr.
All of the above proceedings took place in Cause No. 27,001-B, the divorce suit filed August 24, 1954, by appellee Lilla Long Hughes in the 124th District Court of Gregg County, Texas.
On October 8, 1954, appellant W. R. Hughes filed his suit for injunction in the 95th District Court, Dallas County, Texas, asking that appellee be restrained and enjoined both temporarily and permanently from further prosecuting her divorce suit against appellant pending in the 124th District Court of Gregg County, Texas, being Cause No. 27,001-B above mentioned. On October 11, 1954, appellee filed her plea in abatement in the Dallas County suit, alleging the pendency of the Gregg County suit in which her residential qualification was an issue to be determined by the 124th District Court, not the 95th District Court of Dallas County. On October 18, 1954, a hearing was held on appellant's application for temporary injunction and appellee's plea in abatement. After considering the pleadings and hearing the evidence and argument of counsel, the 95th District Court of Dallas County refused to grant the temporary injunction...
To continue reading
Request your trial