Legal Opinion

Faulk v. Faulk

Texas Supreme Court

Decided July 1, 1859PublishedCited by 8 opinions

Error from Henderson. Tried below before the Hon. John H. Reagan. Suit was commenced on the 6th day of June, 1856, by Kiziah Faulk, one of the defendants in error, against John T. Faulk, the plaintiff in error, for a divorce, alleging, in her petition, that the defendant was a resident citizen of the county of Henderson, state of Texas; that they had, as the offspring of their marriage, three children, to wit, Jonathan James, Alfred Andrew, and Haney John Faulk, who were…

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Error from Henderson. Tried below before the Hon. John H. Reagan. Suit was commenced on the 6th day of June, 1856, by Kiziah Faulk, one of the defendants in error, against John T. Faulk, the plaintiff in error, for a divorce, alleging, in her petition, that the defendant was a resident citizen of the county of Henderson, state of Texas; that they had, as the offspring of their marriage, three children, to wit, Jonathan James, Alfred Andrew, and Haney John Faulk, who were minors of tender years, and who owned certain property, consisting of negroes, mules and horses, (and described…

1Opinion of the CourtWheeler, C. J.

We are of opinion, that the court did not err in overruling the exceptions to the petition. It is not a valid objection to the petition, that the parties, claiming different interests, have asserted their respective interests in the same action.

*664It is admitted to be always a delicate thing, for the court to interfere against the paternal authority. Tet, it is a well established doctrine, that it may do so, when it becomes necessary for the safety and protection of the infant. Therefore, where the children have property, which can give the court the means of acting in their behalf, and where it…

2Cases cited2 opinions

  1. Claiborne v. TannerTexas Supreme Court · 1856
  2. Byrne v. LoveTexas Supreme Court · 1855

3Cited by8 opinions

  1. Goldman v. BlumTexas Supreme Court · 1883
  2. Griffith v. DouglasSupreme Court of Georgia · 1904
  3. Ford v. Sutherland Springs Land & Town Co.Court of Appeals of Texas · 1913
  4. Missouri, Kansas & Texas Railway Co. v. PriceCourt of Appeals of Texas · 1907
  5. McAdams v. SykesCourt of Appeals of Texas · 1925

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