McDade v. McDade

(after stating the case as above). [1,2] The assignment of error is: “The court erred in holding that he was without jurisdiction to try the cause and determine the issues therein.”

The marriage license was issued and the marriage ceremony was performed in Texas. Although both the plaintiff and the defendant were nonresidents of Texas, yet the defendant voluntarily entered an appearance in the suit. In such facts no insuperable bar appears against the court’s exercising jurisdiction to try the cause on its merits, unless article 4631, R. S., reveals the legislative intent of prohibition…