Gully v. Gully
Court of Appeals of Texas
Error from District Court, Panola County; W. C. Buford, Judge. After final decree in divorce proceedings between herself and T. R. Gully, Mrs. M. E. Gully moves for an order of sale of defendant’s property. Judgment for plaintiff, and defendant brings error.
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Error from District Court, Panola County; W. C. Buford, Judge. After final decree in divorce proceedings between herself and T. R. Gully, Mrs. M. E. Gully moves for an order of sale of defendant’s property. Judgment for plaintiff, and defendant brings error. On January 16, 1914, Mrs. M. E. Gully filed in the district court a motion averring that in a final decree entered April 4, 1913, in divorce proceedings between herself and husband, she was awarded the custody of the seven minor children of the marriage, and the award of custody expressly provided that the future support, maintenance, and…
1Opinion of the CourtLevy, J.
(after stating the facts as above). By the second and third assignments of error it is contended that the incidental decree of April 4, 1913, entered in the divorce proceed ings, upon which Mrs. Gully solely predicated her right for relief in the instant suit, was legally void and inoperative, and therefore the court was without jurisdiction over the subject-matter pleaded to grant the relief of the present judgment of March 31, 1914, appealed from. "We therefore review the aver-ments of the motion as in the nature of a general demurrer. It is thought that the petition or motion sues upon the…
2Cases cited4 opinions
- Bond v. BondCourt of Appeals of Texas · 1905
- Ligon v. LigonCourt of Appeals of Texas · 1905
- Rilling v. SchultzeTexas Supreme Court · 1902
- Martin v. MartinCourt of Appeals of Texas · 1912
3Cited by14 opinions
- Cunningham v. CunninghamTexas Supreme Court · 1931
- Gully v. GullyTexas Supreme Court · 1921
- Gulley v. GulleyTexas Supreme Court · 1921
- Williams v. GuynesCourt of Appeals of Texas · 1936
- Brillhart v. BrillhartCourt of Appeals of Texas · 1943
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