Legal Opinion

Smith v. Smith

Court of Appeals of Texas

Decided December 31, 1919No. 6311PublishedCited by 8 opinions

Error from District Court, Bexar County; W. S. Anderson, Judge. Divorce suit by Charles O. Smith against Lena Lucius Smith. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtMoursund, J.

This is a suit for divorce by Chas. O. Smith, alleging adultery and cruel treatment. While various acts of improper conduct are specifically alleged, the allegations specifying acts of adultery charge that on or about November 15, 1917; defendant committed adultery with a man named Len Walden, and that on or about May 25, 1918, she committed adultery with Nathan Zel-linger.

The answer to the merits consisted only of a general denial. By the general charge the court submitted only the issue of cruel treatment, but at plaintiff’s request also submitted the issue of adultery. The jury returned a…

2Cases cited16 opinions

  1. Bordeaux v. BordeauxMontana Supreme Court · 1905
  2. Dennis v. DennisSupreme Court of Connecticut · 1896
  3. Jones v. JonesTexas Supreme Court · 1883
  4. Smith v. SmithNew York Court of Chancery · 1834
  5. Lohmuller v. LohmullerCourt of Appeals of Texas · 1911

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3Cited by8 opinions

  1. Blake v. BlakeCourt of Appeals of Texas · 1924
  2. Mayen v. MayenCourt of Appeals of Texas · 1943
  3. Barta v. BartaCourt of Appeals of Texas · 1926
  4. Hickman v. HickmanCourt of Appeals of Texas · 1929
  5. Gomez v. GomezCourt of Appeals of Texas · 1950

3 more not listed; retrieve them via the Exa API.

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