Needles v. Needles

• Decision Date: 24 January 1900
• Parties: NEEDLES v. NEEDLES.
• Court: Texas Court of Appeals

54 S.W. 1070

NEEDLES v. NEEDLES.

Court of Civil Appeals of Texas.

January 24, 1900.

Appeal from district court, Ft. Bend county; Wells Thompson, Judge.

Action by Mary J. Needles against Charles A. Needles. From a judgment for plaintiff, defendant brings error. Affirmed.

M. J. Hickey, for appellant. Russell & Woody, for appellee.

FISHER, C. J.

This is an action for divorce, in which judgment was rendered for the plaintiff. The only assignment of error complains of the ruling of the court in refusing to sustain a demurrer addressed to the plaintiff's petition, because, as contended for in the assignment, there is no allegation that the plaintiff was an actual, bona fide inhabitant of the state of Texas at the time that the suit was filed. The averments of the petition bearing upon this question are as follows: "That heretofore, to wit, on the 18th of October, 1885, plaintiff and defendant were duly and legally married in the state of Missouri, and continued to live together as man and wife in said state until 1894; that thereafter they moved to the state of Texas, and took their residence in Ft. Bend county, Tex., and since that time plaintiff has resided, and now resides, in said county." Plaintiff further alleges "that after their arrival in Texas, which was on March 16 or 17, 1894, and taking up their abode there, the defendant at once commenced a series of ill treatment," etc. The suit was filed on March 25, 1899. There is no express allegation that the plaintiff was a bona fide inhabitant of the state at the time the suit was brought, but we think the averments, as set out, substantially allege that fact. It is alleged that "in 1894 they moved to the state of Texas, and took up their residence in Ft. Bend county, and that plaintiff since that time has resided, and now resides, in that county." It is an express allegation to the effect that plaintiff had resided in this state four or five years prior to the institution of the suit. It is further alleged that, after their arrival in Texas, the defendant commenced the ill treatment complained of. It is clear, from the averments, that the conduct alleged, upon which the decree of divorce is based, did not occur prior to the time that plaintiff acquired her residence in this state. Consequently no inference can be drawn from the pleadings, and in fact such an inference is clearly negatived, that the plaintiff acquired a temporary residence in this state, and that such residence was acquired for...