Houssiere v. Houssiere

389 S.W.2d 533
CourtCourt of Appeals of Texas
DecidedMarch 31, 1965
DocketNo. 14372
StatusPublished
Cited by2 cases

This text of 389 S.W.2d 533 (Houssiere v. Houssiere) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Houssiere v. Houssiere, 389 S.W.2d 533 (Tex. Ct. App. 1965).

Opinion

BARROW, Justice.

This is an appeal by Robert Eugene Houssiere from a decree of divorce granted Mary Jane Houssiere after a non-jury trial. Appellant complains primarily of the granting of the divorce, asserting the evidence is not full and satisfactory that he was guilty of excesses, cruel treatment and outrages toward appellee, of such a nature as to render their living together insupportable, or that his conduct was studied, wilful and deliberate and intended to cause her mental distress, pain and suffering. He further asserts that the testimony of appel-lee was not corroborated and, in any event, under the uncontradicted evidence, appel-lee had condoned all acts complained of by her.

The parties were married on May 31, 1950, separated temporarily from October 14 to October 20, 1963, and then separated finally about January 15, 1964. Four children were born of this marriage, but appellee’s right to their custody was not disputed. Findings of fact were filed by the trial court, which entitled appellee to a divorce under Subd. 1 of Art. 4629, Vernon’s Ann.Civ.Stats.1

Appellant complains that these findings are too general and the trial court erred in not specifying the particular acts and conduct of appellant which constituted excesses, cruel treatment and outrages. It is seen, however, that the trial court made findings on all ultimate issues of fact necessary to establish this ground for divorce. Howell v. Howell, 147 Tex. 14, 210 S.W.2d 978. It was not necessary for the trial court to make specific findings on eviden-tiary issues as requested by appellant. Moore v. Campbell, Tex.Civ.App., 254 S.W.2d 1018, wr. ref., n. r. e.; 4 McDonald, Texas Civil Practice, 1289.

It is the duty of this Court to examine the entire record and to determine whether the evidence is full and satisfactory and of a nature to justify and support the decree granting the divorce. In doing so, however, we may not pass on the credibility of the witnesses. Barrett v. Barrett, Tex.Civ.App., 368 S.W.2d 709; Christen v. Christen, Tex.Civ.App., 333 S.W.2d 472; Robinson v. Robinson, Tex.Civ.App., 235 S.W.2d 228; Mortensen v. Mortensen, Tex.Civ.App., 186 S.W.2d 297. This Court can not lose sight of the fact that the trial court alone had the vantage of having the personal presence of the parties before him and the opportunity to observe their demeanor and pass upon their credibility. Dickey v. Dickey, Tex.Civ.App., 290 S.W.2d 933.

Appellee testified that appellant was very domineering and treated his family as chattels. He frequently quoted to her a French phrase meaning that the husband is master of the house and responsible only to God. Difficulty was encountered between the couple concerning the discipline of the children, particularly the eldest son. Appellant was very severe on this boy and there was testimony that the boy had become highly nervous, threatened suicide, [536]*536and required psychiatric treatment. Although appellant inherited a very substantial estate, appellee testified that she was not permitted to handle any money, and that appellant was very miserly. She said that she was given from twenty-five to forty cents a week, depending upon her behavior, for church benevolence. Appellant maintained a bank account for his separate property and there was friction over his juggling of funds between this account and one containing community funds. Appellee’s primary complaints relate to excessive sexual demands and unnatural sex relations demanded of her by appellant.

Appellee had difficulty in carrying each of the children and was very nauseated during each pregnancy. Despite her delicate health she testified that appellant made frequent sexual demands upon her that endangered both her health and the life of the baby. She also testified to many unnatural and immoral ways that appellant demanded that she receive him. Little would be gained, compared to the harm to this family, by detailing these sordid and revolting acts which were fully described by appellee in her direct testimony. Appellant did not contradict this testimony, but asserted a plea against self-incrimination. He further urges that his wife was a willing partner in these acts and freely consented to same.

The trial court has impliedly found that appellant was responsible for this abnormal sexual behavior and, although it is difficult to understand why appellee did not sooner draw the line, we cannot say that this finding is without support 'in the evidence.

Appellee testified that she was educated by a religious order and was completely unprepared for the marriage relationship. She believed that she was required to do anything that pleased her husband, and that appellant frequently criticized her for failing to satisfy him. She was told that if she did not do so and he went elsewhere for his satisfaction, the sin would be hers. Appellant, by his pleadings and testimony, admitted that appellee was a person of refinement and good moral character. Appellant testified that the couple had difficulty with their sexual relations from the beginning. His religious belief was that the husband could have his wife sexually at any reasonable time he desired, and this belief was frequently told to his wife.

Appellee testified that these unnatural acts were offensive to her, and she was physically hurt many times to the extent that she would lie in bed and cry. She further testified that she was pretty well pressured by appellant into a lot of things. She said these acts kept her nervous and upset and affected her health. It is not disputed that at the time of the final separation appellee’s physical and mental health was broken. Appellant admitted that his wife was underweight and needed medical attention. Dr. Liberty was called as a witness by appellant. He testified that he first treated appellee in May, 1963, and that she was suffering, from multiple gastrointestinal complaints, directly referrable to chronic tension and chronic anxiety. He further testified that some of her difficulty was due to appellant’s actions. He advised appellee that she could either continue to live under this constant stress and strain with the resulting difficulty, or get a divorce.

Appellant called several of the couple’s social friends as witnesses, and they testified to many good qualities in this marriage. Appellant did not drink to excess, beat or curse his wife. They had four children, a nice home and, on the surface, appeared to get along fairly well. It is apparent, however, that the primary complaints of appellee were of such a nature that they would not ordinarily be discussed with a social friend. Several of these witnesses did confirm the nervous difficulties of the eldest son.

Appellant urges further that the evidence was not full and satisfactory [537]*537because appellee’s testimony was not corroborated. It is settled that corroboration of the testimony of the complaining spouse is not an indispensable requirement under Art. 4632, Vernon’s Ann.Civ.Stats.; Finn v. Bond, 145 Tex. 244, 197 S.W.2d 108.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mills v. Mills
559 S.W.2d 687 (Court of Appeals of Texas, 1977)
Sanchez v. Dickinson
551 S.W.2d 481 (Court of Appeals of Texas, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
389 S.W.2d 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houssiere-v-houssiere-texapp-1965.