Nix v. Nix, 11905.
Citation | 218 S.W.2d 242 |
Decision Date | 24 November 1948 |
Docket Number | No. 11905.,11905. |
Parties | NIX v. NIX. |
Court | Court of Appeals of Texas |
Appeal from District Court, Wilson County; H. D. Barrow, Judge.
Divorce suit by Opal Johns Nix against A. M. Nix. From an adverse decree, defendant appeals.
Affirmed.
S. B. Carr, of Floresville, for appellant.
De Witt Murray, of Floresville, for appellee.
This is an appeal from a decree awarding appellee, Opal Johns Nix a divorce from appellant, A. M. Nix. Trial was to the court without a jury.
Appellant's first four points, in effect, assert that it was not shown by full and satisfactory evidence that appellant had been guilty of cruel treatment toward his wife. Article 4629(1), Vernon's Ann.Civ.Stats.
We are unable to agree with appellant's contention. The trial court is the judge of the credibility of witnesses and in this case the appellee was certain and definite in her statements that she had been subjected to physical violence by the appellant upon a number of occasions. No useful purpose would be served by setting forth this testimony. It is sufficient to say that appellee testified that upon the day of the final separation appellant stated that
Appellee also testified that after appellant threw her across the bed, "he said he realized he had lost me and he was going to beat hell out of me and he had wanted to do that for a long time and that would be his last chance."
According to appellee, she was confined to her bed for a period of five days as a result of this beating.
In our opinion, the evidence fully supports the trial court's conclusion that appellant's conduct was of such a nature as to render the parties' living together insupportable.
Appellant's points Nos. One to Four, inclusive, are overruled. Ballard v. Ballard, Tex.Civ.App., 186 S.W.2d 294, and authorities therein cited; Mortensen v. Mortensen,...
To continue reading
Request your trial-
Ellis v. Ellis
...prescribed by Article 4632, Vernon's Ann.Civ.Stats., has not been met. The case on the facts is very similar to that of Nix v. Nix, Tex.Civ.App., 218 S.W.2d 242, recently decided by this Court, in that the wife testified that she had been subjected to repeated acts of physical violence upon......
-
Angerstein v. Angerstein, 297
...Mayen v. Mayen, supra; Mortensen v. Mortensen, Tex.Civ.App., 186 S.W.2d 297; Moore v. Moore, Tex.Civ.App., 213 S.W.2d 724; Nix v. Nix, Tex.Civ.App., 218 S.W.2d 242; Ellis v. Ellis, Tex.Civ.App., 225 S.W.2d In Alexander v. Alexander, 373 S.W.2d 800, 803 (Tex.Civ.App., Corpus Christi, 1964, n......
-
Robinson v. Robinson, 12155
...Mayen v. Mayen, supra; Mortensen v. Mortensen, Tex.Civ.App., 186 S.W.2d 297; Moore v. Moore, Tex.Civ.App., 213 S.W.2d 724; Nix v. Nix, Tex.Civ.App., 218 S.W.2d 242; Ellis v. Ellis, Tex.Civ.App., 225 S.W.2d In most cases where appellate courts have held that the evidence failed to meet the c......
- Estate of Espey, In re