Milner v. Gatlin
Court of Appeals of Texas
Appeal from District Court, Lamar County; A. P. Dohoney, Judge. Action by C. W. Milner against Mary ■ F. Gatlin and another. Judgment for defendants, an¿ plaintiff appeals. Appellant and appellee Mary F. Gatlin were husband and wife prior to May 18, 1911, when they were divorced by a decree of a district court for Dallas county. Lucile, a girl 9 or 10 years old, was a child of the marriage between appellant and said appel-lee.
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Appeal from District Court, Lamar County; A. P. Dohoney, Judge. Action by C. W. Milner against Mary ■ F. Gatlin and another. Judgment for defendants, an¿ plaintiff appeals. Appellant and appellee Mary F. Gatlin were husband and wife prior to May 18, 1911, when they were divorced by a decree of a district court for Dallas county. Lucile, a girl 9 or 10 years old, was a child of the marriage between appellant and said appel-lee. This was a suit by appellant against said appellee and appellee John Gatlin, whom she married after she was divorced from appellant, for the custody of said child. In…
1DissentHodges, J.
In his original petition the appellant pleaded as the basis of his right to the custody of the child involved in this controversy that he was the father, and that on May 18, 1911, in a divorce suit between him and the mother, Mary F. Gatlin, a judgment had been rendered by the district court of the Sixty-Eighth judicial district of Dallas county, Tex., awarding him the exclusive custody. These and other facts alleged as to the manner in which the appellees thereafter secured possession of the child, if true, entitled appellant to a judgment in this suit. As a defense the appellees pleaded…
2Cases cited16 opinions
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- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
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