Legal Opinion

Sharman v. Sharman

Texas Supreme Court

Decided July 1, 1857PublishedCited by 5 opinions

Appeal from Harris. Tried below before the Hon. Peter W. Gray. The suit was commenced on the 17th of May, 1856, and the conviction and sentence of the defendant was alleged to have taken place on the 20th of December, 1854. The petition did not allege to whose injury the forgery was committed. It alleged that the plaintiff was left without any means of support, except from her father.

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Appeal from Harris. Tried below before the Hon. Peter W. Gray. The suit was commenced on the 17th of May, 1856, and the conviction and sentence of the defendant was alleged to have taken place on the 20th of December, 1854. The petition did not allege to whose injury the forgery was committed. It alleged that the plaintiff was left without any means of support, except from her father. The jury found that all the allegations of the petition, except those as to the previous marriage of the defendant to another woman, were- true ; and the Court gave judgment for the defendant, notwithstanding…

1Opinion of the Court

Hemphill, Ch. J.

This is a suit by the wife, for divorce, on the grounds that the husband was previously married to another woman, and that since his marriage with plaintiff, he has been convicted of the crime of forgery and sentenced to seven years hard labor in the penitentiary.

The charge of previous marriage was not sustained by the proof, and the only question is whether the conviction of a crime, and sentence to imprisonment and hard labor in the penitentiary is sufficient cause for divorce.

The District Courts have, from a very early period after the organization of the Republic of Texas,…

2Cited by5 opinions

  1. Moore v. MooreTexas Supreme Court · 1858
  2. Bingham v. BinghamCourt of Appeals of Texas · 1912
  3. Bill v. BillSupreme Court of Iowa · 1916
  4. Spruill v. SpruillTexas Commission of Appeals · 1880
  5. McNabb v. McNabbCourt of Appeals of Texas · 1923

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