Legal Opinion

Hernandez v. Thomas

Supreme Court of Florida

Decided June 15, 1905PublishedCited by 38 opinions

This case was decided by Division B. Appeal from the Circuit Court for Duval County, STATEMENT. On April 21st, 1902, tbe appellant Eugene C. Hernandez filed bis bill for divorce against his wife Madge G. Hernandez upon the statutory ground of wilful, obstinate and continuous desertion for more than a year.

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This case was decided by Division B. Appeal from the Circuit Court for Duval County, STATEMENT. On April 21st, 1902, tbe appellant Eugene C. Hernandez filed bis bill for divorce against his wife Madge G. Hernandez upon the statutory ground of wilful, obstinate and continuous desertion for more than a year. The bill after alleging the desertion by the wife also alleged that the parties had two children named Blanche and Edith, the one seven years of age the other five years old, and the complainant voluntarily offered and consented in said bill that the custody of said two children should go…

1Opinion of the CourtTaylor, J.

(after stating the facts.) The court below erred in its order or decree vacating and setting aside its former order or decree made on June 1st, 1903, consign- ' ing said two minor children Blanche and E'dith Hernandez to the custody and care of St. Mary’s Orphan Home, and turning them over to the custody and control of the *533appellee Sarah: Ann Thomas. While we doubt the propriety of the proceeding followed here, that of permitting a stranger to the proceedings to intervene by petition in a formerly pending divorce suit that had long prior thereto passed to a final decre of divorce between the…

2Cases cited3 opinions

  1. Verser v. FordSupreme Court of Arkansas · 1881
  2. Miller v. MillerSupreme Court of Florida · 1896
  3. Ingalls v. CampbellOregon Supreme Court · 1889

3Cited by38 opinions

  1. Frazier v. FrazierSupreme Court of Florida · 1933
  2. Murphree v. HansonSupreme Court of Alabama · 1916
  3. Grant v. CorbittSupreme Court of Florida · 1957
  4. Bedal v. JohnsonIdaho Supreme Court · 1923
  5. Jamison v. Gilbert Et Ux.Supreme Court of Oklahoma · 1913

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