Smith v. Smith

STEAKLEY, Justice.

This is a divorce case in which we have jurisdiction because the Court of Civil Appeals held differently from prior decisions of this Court in the respects later shown. See Articles 1821 and 1728. 1

Petitioner, Jessie James Smith, was the defendant in his wife’s suit for divorce and for other relief. He filed responsive pleadings but did not appear personally or by counsel at the hearing on the merits. The trial court rendered judgment granting the divorce and awarding the wife custody of the minor child. Further, the judgment partitioned the community property and awarded…