Peddicord v. Peddicord

I express my complete concurrence in the well-reasoned opinion of Justice Stephenson. The result reached is sound and compatible with the authorities considered. However, I am perturbed by the unanswered questions which still exist in this area of procedural law notwithstanding our holding.

I have experienced difficulty in drawing a definite distinction between two seemingly conflicting rules which emerge from the myriad of decisions on the subject. There are many decisions which support the rule announced in Pollard v. Steffens, 161 Tex. 594, 343 S.W.2d 234, 239 (1961), where the Court said:…