Hill v. Hill

This suit was brought by appel-lee against appellant for divorce and for the custody of their child. In response to special Issues, the court rendered judgment annulling the marriage and awarding the custody of the child to appellee, from which judgment this appeal has been prosecuted.

The first assignment complains of the failure of the court to sustain what appellant terms his special exception No. 1 to appellee’s petition for divorce, but which in fact was no more than a general demurrer. The first, amended, original petition upon which plaintiff went to trial, alleged, among other things,…