Graham v. Sterns
Texas Supreme Court
Error from Harris. Tried before the Hon. Constantine W. Buckley. Suit by Christopher H. Sterns against Emeline Sterns, for divorce. Decree rendered December 31st, 1852, granting the divorce and vesting in the said Christopher all the community property and all the separate property of the said Emeline, “ in accordance with the agreement or power of attorney filed in this cause and that the plaintiff pay all costs, for which execution may issue.
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Error from Harris. Tried before the Hon. Constantine W. Buckley. Suit by Christopher H. Sterns against Emeline Sterns, for divorce. Decree rendered December 31st, 1852, granting the divorce and vesting in the said Christopher all the community property and all the separate property of the said Emeline, “ in accordance with the agreement or power of attorney filed in this cause and that the plaintiff pay all costs, for which execution may issue. The agreement or power of attorney recited a consideration of six thousand dollars, and was to control the property if a divorce should be granted.…
1Opinion of the CourtWheeler, J.
Two grounds are relied on to dismiss the writ of error : 1st. That there is a misdescription of the judgment. 2nd. The want of legal diligence in prosecuting the writ of error. The judgment brought up for revision was rendered in a suit for divorce, wherein a divorce was decreed; certain property of the wife, certain community property, and the custody of the children were decreed to the husband, who was plaintiff: and he was adjudged to pay the costs. The petition in error describes a suit between the parties decided at that Term, wherein “ such judgment and decree was then and there…
2Cases cited1 opinion
- Hillebrant v. BrewerTexas Supreme Court · 1851
3Cited by3 opinions
- Wilson v. John I. Adams & Co.Texas Supreme Court · 1878
- Thompson v. RiceTexas Supreme Court · 1878
- Overton v. TerryTexas Supreme Court · 1878