Legal Opinion

Rice v. Rice

Texas Supreme Court

Decided July 1, 1858PublishedCited by 87 opinions

Appeal from Liberty. Tried below before the Hon. James 31. Maxcy. Suit by appellant against appellee for divorce, commenced ••September 8th, 1856. The petition after alleging the marriage •of plaintiff and defendant in 1850, alleged that defendant had ¡treated plaintiff “ in a most cruel and outrageous manner,” to-wit: about the month of June, 1856, your petitioner was in his bed and very feeble from the effects of a severe spell of sickness, when the said Caroline E., his…

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Appeal from Liberty. Tried below before the Hon. James 31. Maxcy. Suit by appellant against appellee for divorce, commenced ••September 8th, 1856. The petition after alleging the marriage •of plaintiff and defendant in 1850, alleged that defendant had ¡treated plaintiff “ in a most cruel and outrageous manner,” to-wit: about the month of June, 1856, your petitioner was in his bed and very feeble from the effects of a severe spell of sickness, when the said Caroline E., his wife, came into his room with a stick and a knife, and beat and bruised him in a cruel and outrageous manner, and…

1Opinion of the Court

Hemphill, Ch. J.

There is no appeal from the decree for divorce. The question at issue is in relation to the property. The lots one, two and three are admitted to belong separately to the husband, but the improvements made upon them after the marriage, and the household and kitchen furniture, were claimed by the wife, and found by the jury to be community property. The charge of the Court was with reference to this issue; and, considered, as a whole, was substantially a correct exposition of the law. Its substance was, that all onerous acquisitions, after the marriage were common, unless it…

2Cited by87 opinions

  1. Hedtke v. HedtkeTexas Supreme Court · 1923
  2. Dakan v. DakanTexas Supreme Court · 1935
  3. Eggemeyer v. EggemeyerTexas Supreme Court · 1977
  4. Cockerham v. CockerhamTexas Supreme Court · 1975
  5. Lakey v. McCarrollTexas Supreme Court · 1940

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