Ex Parte J. C. Hodges

• This is an original habeas corpus proceeding instituted in this Court by J. C. Hodges as relator. The record before us is rather meager, but for the purposes of this opinion we will conclude that the record discloses:

Muriel Blue Hodges, then the wife of relator, filed suit in the district court of Hutchinson County, Texas, against relator for divorce, for partition and division of certain property alleged to be community, for attorney’s fees, for alimony pending the suit, and for costs. The prayer for alimony was not presented to or acted on by the district court until after final trial and…