Legal Opinion

Trimble v. Trimble

Texas Supreme Court

Decided July 1, 1855PublishedCited by 11 opinions

Error from Bexar. Suit by the defendant in error against the plaintiff in error, for divorce, on the ground of cruel treatment.

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Error from Bexar. Suit by the defendant in error against the plaintiff in error, for divorce, on the ground of cruel treatment. The petition alleged that all the property was community, prayed that an inventory and appraisement be made, and defendant enjoined from alienating, disposing of or encumbering said property, and from contracting debts on account of the same ; alleged that there were four children, stating sex and age ; prayed divorce, division of the property, and that the care, custody and education of the children be decreed to the plaintiff. On the petition an order was endorsed…

1Opinion of the CourtWheeler, J.

The errors, assigned, relate to that part of the decree, only, which makes a division of the community property, and as respects the maintainance of the children. In granting a divorce, the Court may make such a division, at least, of the community property, in reference to the condition of the parties, and the support and education of the children, as may be equitable and just. (Hart. Dig. Art. 849, 858 ; Fitts v. Fitts, 14 Tex. R. 443.) The Court, in the present casej appears to have made such devision of the community property, as to the Court seemed proper: and there being no statement of…

2Cited by11 opinions

  1. Williams v. GuynesCourt of Appeals of Texas · 1936
  2. Pape v. PapeCourt of Appeals of Texas · 1896
  3. Singer v. SingerSupreme Court of Alabama · 1910
  4. Hooten v. HootenCourt of Appeals of Texas · 1929
  5. Hayes v. HayesCourt of Appeals of Texas · 1964

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