Hare v. Hare
Texas Supreme Court
Appeal from Newton. This was an application for a divorce. Tho plaintiff, Alfred Hare, represented that in October, eighteen hundred and forty-eight, he was legally united in marriage with Elizabeth Stanley, (“now Elizabeth Haro,) “ and a resident citizen of the State of Alabama; ” that they lived happily as man and wife until about the first of February, 1849, when the petitioner’s wife suddenly and without any cause or provocation known to plaintiff forsook his bed and…
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Appeal from Newton. This was an application for a divorce. Tho plaintiff, Alfred Hare, represented that in October, eighteen hundred and forty-eight, he was legally united in marriage with Elizabeth Stanley, (“now Elizabeth Haro,) “ and a resident citizen of the State of Alabama; ” that they lived happily as man and wife until about the first of February, 1849, when the petitioner’s wife suddenly and without any cause or provocation known to plaintiff forsook his bed and board, with the declared intention never to return ; that his entreaties to induce licr to return and live with him had…
1Opinion of the Court
HempiiilTj, Ch. J.
The grounds upon which this decision was made do not appear from the record. From the argument of the counsel for appellant it might be inferred that the special exception to the jurisdiction was sustained on tho ground that tho appellee was not a resident of the State, and that she could not as in ordinary cases be cited by publication.
The statutory provision authorizing absent defendants to be summoned'by publication is general, extending to all suits. (Art. 813.) No exception in express terms or by implication exempts cases of divorce from the operation of the general…
2Cited by9 opinions
- McGowen v. McGowenTexas Supreme Court · 1880
- Schulz v. L. E. Whitham & Co.Texas Supreme Court · 1930
- Worthington v. District Court of the Second Judicial DistrictNevada Supreme Court · 1914
- Thornburg v. ThornburgWest Virginia Supreme Court · 1881
- Campbell v. CampbellMissouri Court of Appeals · 1955
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