Garza v. Garza

MURRAY, Justice.

This is an appeal from a judgment denying appellant, Jose M. Garza, a divorce from his wife, Enriqueta Garcia Garza. The trial was before the court without the aid of a jury, judgment being rendered before appellant had rested upon the theory that his testimony was in the nature of a judicial admission that he was not entitled to a divorce.

Appellant submits but one point, which is as follows:

“The error of the trial court in holding that appellant (plaintiff) judicially admitted that he was not entitled to a divorce on the ground that appellee (defendant) was guilty of such…