Morrow v. Gallant, 10566

Decision Date16 April 1958
Docket NumberNo. 10566,10566
Citation312 S.W.2d 526
PartiesLois MORROW et vir, Appellants, v. Lee LALLANT et ux., Appellees.
CourtTexas Court of Appeals

Enlow, Kee & Thomas, Angleton, for appellants.

J. B. Sallas, Crockett, for appellees.

HUGHES, Justice.

On August 27, 1957, the Trial Court 'filed and entered' the following judgment:

'On the 26th day of November, 1956, came on to be heard the petition of Lois Morrow and her husband, Albert H. Morrow, Relators, for a writ of habeas corpus Lee Gallant, Grace Gallant and Dale Gallant, Respondents, seeking the care and custody ofLois Jean Gallant, Mary Dale Gallant, Pauline Gallant and Gracie Lee Gallant, minors, and all parties appeared in court in person and by their attorneys and the Respondents produced in court said minor children and the court, having heard the pleadings and testimony, and having, with the consent and by the agreement of all parties, talked with said minors, reserved his judgment on the same and continued said hearing, by and with the agreement of all parties hereto unto this the 27th day of August, 1957, at which time came all parties by their attorneys and the court finding and concluding that this court has jurisdiction of said cause and of said minors, and being of the opinion and finding that the best interest of said minors would be best served by awarding the care, custody and control of said minors as hereinafter set out.

'It is accordingly ordered, adjudged and decreed that the present care, custody and control of said minors, Lois Jean Gallant, Mary Dale Gallant, Pauline Gallant and Gracie Lee Gallant, be, and the same is hereby awarded to the Respondents Lee Gallant and Grace Gallant until the 1st day of June, 1958, subject to the right of Relators Lois Morrow and Albert H. Morrow, to visit with said minors and to have said minors visit with them, bith in Houston County and at their home in Brazoria County from December 20, 1957, to December 31, 1957, and at all other reasonable times during said period until June 1, 1958, provided that such other times do not interfere with the education of said minors.

'It is further ordered that costs of this suit be adjudged one-half against Relators and one-half against Respondents, for which let execution issue.

'To all of which rulings and judgment of the court, adverse to them respectively, the Relators Lois Morrow and her husband, Albert H. Morrow, and the Respondents, Lee Gallant and wife, Grace Gallant, then and...

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8 cases
  • Craft v. Craft
    • United States
    • Texas Court of Appeals
    • 19 Enero 1979
    ...S.W.2d 742 (Tex.Civ.App. Corpus Christi 1965, no writ); Mendoza v. Baker, 319 S.W.2d 147 (Tex.Civ.App. Houston 1958, no writ); Morrow v. Gallant, 312 S.W.2d 526 (Tex.Civ.App. Austin 1958, no writ); Wardlaw v. Wardlaw, 267 S.W.2d 250 (Tex.Civ.App. Waco 1954, no writ); and Goodman v. Goodman,......
  • Affolter v. Affolter, 112
    • United States
    • Texas Court of Appeals
    • 22 Abril 1965
    ...of temporary custody. Goodman v. Goodman, Tex.Civ.App., 224 S.W. 207; Wardlaw v. Wardlaw, Tex.Civ.App., 267 S.W.2d 250; Morrow v. Gallant, Tex.Civ.App., 312 S.W.2d 526; Mendoza v. Baker, Tex.Civ.App., 319 S.W.2d The order expressly anticipated a further hearing on the issue of child custody......
  • Page v. Page
    • United States
    • Texas Court of Appeals
    • 12 Mayo 1971
    ...Goodman v. Goodman, 224 S.W. 207 (Tex.Civ.App.1920, no writ), Wardlaw v. Wardlaw, 267 S.W.2d 250 (Tex.Civ.App.1954, no writ), Morrow v. Gallant, 312 S.W.2d 526 (Tex.Civ.App.1958, no writ), Affolter v. Affolter, 389 S.W.2d 742 (Tex.Civ.App.1965, no writ), Crow v. Vincent, 397 S.W.2d 870 (Tex......
  • Carpenter v. Ross, 7780
    • United States
    • Texas Court of Appeals
    • 11 Marzo 1976
    ...S.W.2d 524 (Tex.Civ.App.--Waco 1928, orig. proceedings); Wardlaw v. Wardlaw, 267 S.W.2d 250 (Tex.Civ.App.--Waco 1954, no writ); Morrow v. Gallant, 312 S.W.2d 526 (Tex.Civ.App.--Austin 1958, no writ); Mendoza v. Baker, 319 S.W.2d 147 (Tex.Civ.App.--Houston 1958, no writ); Affolter v. Affolte......
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