Fowler v. Fowler

LUMPKIN, Justice.

From an order of the trial court sustaining appellee’s plea in abatement and dismissal of the cause, the appellant excepted and has perfected her appeal to this court. From the record it appears that on March 25, 1947, the appellant, Edna Fowler, filed in the 108th District Court of Potter County, Texas, a suit for divorce in which her husband, the appellee, James Fowler, was named as the defendant. The suit was based on the grounds of cruel treatment. The appellant prayed for the custody of her minor child and possession of property alleged to be her separate property.…