Milner v. Gatlin
Court of Appeals of Texas
Appeal from District Court, Lamar County; A. P. Dohoney, Judge. Action by C. W. Milner against Mary ■ F. Gatlin and another. Judgment for defendants, an¿ plaintiff appeals. Appellant and appellee Mary F. Gatlin were husband and wife prior to May 18, 1911, when they were divorced by a decree of a district court for Dallas county. Lucile, a girl 9 or 10 years old, was a child of the marriage between appellant and said appel-lee.
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Appeal from District Court, Lamar County; A. P. Dohoney, Judge. Action by C. W. Milner against Mary ■ F. Gatlin and another. Judgment for defendants, an¿ plaintiff appeals. Appellant and appellee Mary F. Gatlin were husband and wife prior to May 18, 1911, when they were divorced by a decree of a district court for Dallas county. Lucile, a girl 9 or 10 years old, was a child of the marriage between appellant and said appel-lee. This was a suit by appellant against said appellee and appellee John Gatlin, whom she married after she was divorced from appellant, for the custody of said child. In…
1Opinion of the Court
WILLSON, G. J.
(after stating the facts as above). The trial court treated the part of the supplemental petition set out in the statement above to which he sustained an exception, as an offer by appellant to show by proof aliunde the record in the divorce case and the record of the proceedings to modify the judgment rendered in said case May 18, 1911, that the district court of Dallas county was without power to modify said judgment as he undertook to do by his order of August 20, 1912. That appellant acquiesced in that view of his said pleading is shown by the fact that he makes no complaint…
2Cases cited17 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Crawford v. McDonaldTexas Supreme Court · 1895
- Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
- Wilson v. ElliottTexas Supreme Court · 1903
- Cooper v. NewellSupreme Court of the United States · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Keith v. KeithCourt of Appeals of Texas · 1926
- Milner v. GatlinTexas Commission of Appeals · 1924
- Black v. BlackCourt of Appeals of Texas · 1927
- Blevins v. HarrisCourt of Appeals of Texas · 1941
- Bradshaw v. PeacockCourt of Appeals of Texas · 1945