Legal Opinion

Henderson v. Henderson

Court of Appeals of Texas

Decided June 11, 1919No. 6242PublishedCited by 3 opinions

Appeal from District Court, Bexar County; J. T. Sluder, Judge. Petition for divorce by Donald D. Henderson against Lillie Henderson. Decree upon default, jury being waived and upon defendant’s motion or petition after the term had expired, an order was entered, setting aside decree, to which order plaintiff excepted and appeals.

1Opinion of the CourtCobbs, J.

On the 16th of April, 1918, Donald Henderson, plaintiff, filed a petition for divorce against.his wife, Lillie Henderson, in the Thirty-Seventh District Court of Bexar county, Tex.

On the 12th day of October, A. D. 1918, the case was called for trial, and the decree recited the defendant “failed to appear and answer in this behalf, but wholly made default.” Whereupon, a “jury being waived,” the court proceeded to hear evidence, and granted the decree of divorce.

Defendant filed a motion or petition after the term had expired to set aside the decree of divorce, stating grounds upon which it was…

2Cited by3 opinions

  1. Squyres v. RasmussenCourt of Appeals of Texas · 1927
  2. Wichita Mill & Elevator Co. v. KirkpatrickCourt of Appeals of Texas · 1924
  3. Howell v. Citizens' Nat. Bank of AbileneCourt of Appeals of Texas · 1932

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