Davis v. Davis
Texas Supreme Court
Error from Collin. Tried below before the Hon. William S. Todd. This was a suit for divorce, by Margaret Davis against William Davis, commenced by publication; the place of residence of the defendant, was alleged in the petition to be unknown.
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Error from Collin. Tried below before the Hon. William S. Todd. This was a suit for divorce, by Margaret Davis against William Davis, commenced by publication; the place of residence of the defendant, was alleged in the petition to be unknown. The petition was filed on the 19th August, 1854; publication was made in a newspaper for four weeks, from the 21st August, 1854. The petition prayed for alimony, for the maintenance of herself and her child, and that a sufficiency of a certain tract of land consisting of 600 acres, belonging to the defendant, might be sold for the purposes aforesaid. A…
1Opinion of the CourtBell, J.
In this case, the defendant in the court below, was served by publication, and the proceedings in the case, upon the prayer of the plaintiff below for alimony, and the final trial, were ex parte. There is no statement of the facts, upon which the final decree was rendered, incorporated into the decree itself, or preserved as a part of the record. The judgment of the court below must, therefore, be reversed, upon the authority of the case of McFadden v. Lockhart, 7 Texas Rep. 573, and other decisions of this court.
It is not our purpose, in reversing the final judgment of the court below, to…
2Cases cited1 opinion
- McFadden v. LockhartTexas Supreme Court · 1852
3Cited by3 opinions
- Harris v. DaughertyTexas Supreme Court · 1889
- Hewitt v. ThomasTexas Supreme Court · 1876
- John Chaffee, Bro. & Son v. F. B. Bryan & Co.Court of Appeals of Texas · 1881