Ritch v. Ritch, 14426
| Decision Date | 22 June 1951 |
| Docket Number | No. 14426,14426 |
| Citation | 242 S.W.2d 210 |
| Parties | RITCH v. RITCH |
| Court | Texas Court of Appeals |
Earl R. Parker, Dallas, for appellant.
Moses & Truett, McKinney, for appellee.
This is an appeal from a judgment granting to the plaintiff (appellee) a divorce. The cause was tried to the court without aid of a jury. The allegations in plaintiff's petition upon which the decree was entered, are that the plaintiff and the defendant were married November 13, 1947 and (Italics supplied.)
The material evidence is uncontroverted. On November 13, 1947 the plaintiff was a United States soldier, on leave, and on that date he and the defendant were legally married and cohabited together in Texas as man and wife until December 12, 1947 when the plaintiff was ordered to army camp at Kilmer, New Jersey, where he remained in camp until January 4, 1948 when he was sent overseas to Frankfort, Germany. Prior to their marriage the defendant was employed with Waples-Platter Company in Fort Worth, and continued her employment during the time the plaintiff was in Texas and before he left for Camp Kilmer, and continued her employment while her husband was overseas in the U. S. Army. The plaintiff remained with the army in Germany until November 1949, when he was sent to U. S. Veteran's Hospital, Denver, Colorado, listed as a critical tubercular patient. Subsequently, in 1950 he was assigned to Veteran's Hospital at McKinney, Texas, where he was a patient under treatment for tuberculosis at time of this trial. The defendant had no knowledge of his transfer to McKinney until service of citation in this suit was served upon her.
At the time of plaintiff's marriage, November 13, 1947, and subsequent thereto, he assigned his soldier's salary allotment of $80 per month to his wife for her maintenance and support until he was discharged from the army in June 1950. His discharge from the army was due to physical disability, since which time he has not paid the defendant anything out of his retired veteran's pension allowance. While in the U. S. Armed Forces at Camp Kilmer, and overseas, and in the hospital at Denver, he and his wife carried on correspondence with each other, plaintiff testifying that he wanted his wife to come to be with him, which she refused to do. The defendant testified (corroborated by other witnesses and circumstances) that she wanted to follow the plaintiff to the camp in New Jersey and to go overseas with him; that she contacted a Captain Tobin, superior U. S. Army officer at Denver, making inquiry of him as to plaintiff's condition and advisability of her visiting him; that during his stay at camp and in the hospital, in routine conversations with acquaintances, she often expressed grave concern over her husband's welfare, frequently expressing to them her wishes concerning his recovery and a resumption of their marital relations; and that she planned to go and make her home with him, and be with him whenever she was able to do so. That she had often written to him to the effect that she would quit her employment, move where he was stationed; and further (uncontroverted), that when her husband was sent to the Denver hospital she did go there and was with him through the Christmas holidays of 1949, stayed in Denver until some time in January 1950, making frequent visits to the hospital to see him and be with him; and that, while in Denver, at her husband's request, she instituted a suit against him for divorce, alleging in her petition cruel treatment-'infidelity and cruelty and consorting with other women,' which charges the plaintiff testified were untrue, and because of which he has been greatly upset, affecting his nervous system and physical condition. The defendant testified, at the instance of plaintiff's attorney:
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Jackson v. Jackson
...Employers Lloyds v. Wiggins, supra; Art. 4629, Sec . (2), V.A.T.S. (which statute was in effect at the times involved here); and Ritch v. Ritch, 242 S.W.2d 210 (Dallas, Tex.Civ.App., 1951, no writ hist.). Those cases hold that the intention indicated is an essential element of It is equally......
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...243 S.W. 2d 244. In a divorce suit the evidence must satisfy the appellate court as well as the trial court. Ritch v. Ritch, Tex.Civ.App. Dallas, 242 S.W.2d 210. Where, as in the last cited case, the question is whether the facts relied upon to secure a divorce fail to come within, or to co......
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