Randle v. Randle
Decision Date | 24 February 1944 |
Docket Number | No. 11615.,11615. |
Citation | 178 S.W.2d 570 |
Parties | RANDLE v. RANDLE. |
Court | Texas Court of Appeals |
Appeal from District Court, Galveston County; C. G. Dibrell, Judge.
Action by Fred Randle against Martha D. Randle for divorce on ground of abandonment. From a judgment granting plaintiff a divorce, defendant appeals.
Reversed and cause dismissed.
Charles H. Mayer, of Houston, for appellant.
Henry Greenberg, of Galveston, for appellee.
This is a divorce suit. Fred Randle, a soldier in the United States Army, while stationed at Camp Wallace in Galveston County, Texas, as plaintiff, brought it against his wife, Martha D. Randle, as defendant, for a divorce on the ground, among other things, of her alleged three years abandonment of him as her husband.
The case was tried before the court, without a jury, and judgment—on the sole ground of the abandonment—was rendered in favor of plaintiff, granting him a divorce with custody of their minor child to her, from which defendant gave due notice of appeal.
The appeal comes here upon a single question of law, the agreed facts giving rise to it being, in his verbis, these:
Appellant, upon the facts thus established, presents this single proposition:
"The court erred in granting a divorce to appellee, for the reason that the evidence conclusively showed that at the time he entered the United States Army, he was a resident, actually as well as legally, of Tarrant County, Texas, and that he was ordered to Galveston County by the military authorities; that at all times after arriving in Galveston County, except some week-ends, he was stationed at Camp Wallace, a government military reservation, and that at no time did appellee indicate—by intention or acts—making Galveston County his place of residence, but did testify that he was in Galveston County only because he was ordered there, and that it was his intention to return to Tarrant County, upon his discharge from the United States Army."
The appellee, in his brief, differs with the appellant only in his insistence that she "had not correctly stated the point on which this appeal is predicated", which, as he views it, "is the correct interpretation of that...
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