Carter v. Carter

The Court of Civil Appeals affirmed that portion of the trial court’s judgment which granted petitioner a divorce, but reversed such judgment in so far as it awarded custody of the child to petitioner and remanded that phase of the case for a new trial. 359 S.W.2d 184. Since this is a divorce action, the Supreme Court may exercise writ of error jurisdiction only if the case falls within the purview of either Subdivision 1 or Subdivision 2 of Article 1728.1 See Article 1821; Bishop v. Bishop, Tex.Civ.App., 359 S.W.2d 869; Williams v. Williams, 160 Tex. 99, 325 S.W.2d 682; Longoria v. Longoria,…