Cook v. Bybee
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. Edward H. Vontress. This was a proceeding commenced in the County Court by the appellee, Mary Bybee, a married woman, (without being joined by her husband,) against the appellant, C. C. Cook, to remove him from the guardianship of the person and estate of R. A. Cook, a minor, seven or eight years old, and a son of the plaintiff by a former marriage, and for the appointment of herself as guardian of the said minor.
Read the full summary
Appeal from Williamson. Tried below before the Hon. Edward H. Vontress. This was a proceeding commenced in the County Court by the appellee, Mary Bybee, a married woman, (without being joined by her husband,) against the appellant, C. C. Cook, to remove him from the guardianship of the person and estate of R. A. Cook, a minor, seven or eight years old, and a son of the plaintiff by a former marriage, and for the appointment of herself as guardian of the said minor. The defendant, who was the grandfather of the minor, claimed that he was testamentary guardian, by virtue of the will of the…
1Opinion of the CourtBell, J.
It was objected, in the District Court, that the appellee, Mary Bybee, could not maintain this suit, in her own name, without being joined by her husband. The whole case was submitted to the judge below, without a jury, and there does not appear to have been any action of the court below, upon the objection, that the husband did not join in the suit; nor is the point made in the assignment of errors. We are of opinion, that the appellee, as the natural mother of the infant, was competent to assert her right to the guardianship of her child, without being joined by her husband, inasmuch as the…
2Cited by7 opinions
- Legate v. LegateTexas Supreme Court · 1894
- Thomason v. McGeorgeTexas Commission of Appeals · 1926
- Matter of GalleherCalifornia Court of Appeal · 1905
- Jordan v. JordanCourt of Appeals of Texas · 1893
- Allen v. MulkeyCourt of Appeals of Texas · 1929
2 more not listed; retrieve them via the Exa API.