Moore v. Moore
Texas Supreme Court
Appeal from Dallas. Tried below before the Hon. Nat. M. Burford. Suit by appellant for a divorce. Appellee answered by a general denial, and claim for alimony, &c.
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Appeal from Dallas. Tried below before the Hon. Nat. M. Burford. Suit by appellant for a divorce. Appellee answered by a general denial, and claim for alimony, &c. The jury found a verdict, that “the material allegations set forth in the petition are true,” whereupon the court gave judgment as follows: “Being satisfied that the allegations of the petition, and the “proof, are not sufficient to authorize a dissolution of the bonds “ of matrimony, it is therefore ordered, adjudged, and decreed, “ that the verdict of the jury be set aside; that the plaintiff “ take nothing by his plaint; and…
1Opinion of the Court
Wheeler, Ch. J.
There is, in the record, no statement of facts; and it is manifest, therefore, that we cannot revise the judgment of the court, refusing to decree a divorce on the ground of insufficiency of proof. But it is insisted for the appellant, that the jury, having found the allegations of the petition to be true, the court could not refuse a decree, if the causes set forth were sufficient in law. This would be true, in an ordinary suit; but it is otherwise in suits for divorce. The law *239has sought to secure the inviolability of the marriage contract, by other safeguards than are…
2Cases cited1 opinion
- Sharman v. SharmanTexas Supreme Court · 1857
3Cited by43 opinions
- Holloway v. Texas Indemnity Ins. Co.Texas Commission of Appeals · 1931
- Hancock v. HancockSupreme Court of Florida · 1908
- Mortensen v. MortensenCourt of Appeals of Texas · 1945
- Lohmuller v. LohmullerCourt of Appeals of Texas · 1911
- Dickinson v. DickinsonCourt of Appeals of Texas · 1911
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