Martinez v. Martinez

NYE, Justice.

Jose Martinez sued his wife Carolina S. Martinez for a divorce upon the ground of cruel treatment. The trial was before the court without the intervention of a jury and judgment was rendered granting the plaintiff-appellee a divorce. The wife, Carolina S. Martinez, has appealed. The appellant’s three points on appeal attack the sufficiency of the evidence. The ap-pellee failed to file a brief and neither party orally argued their case before the Court of Civil Appeals.

Rule 419, Texas Rules of Civil Procedure, permits the appellate court to accept as correct any unchallenged…