McGinness v. McGinness

Court of Appeals of Texas

McGinness v. McGinness

126 S.W.2d 673, 1939 Tex. App. LEXIS 487

CourtCourt of Appeals of Texas

DecidedMarch 18, 1939

DocketNo. 12650.

StatusPublished

Cited by1 cases

This text of 126 S.W.2d 673 (McGinness v. McGinness) 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.

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McGinness v. McGinness, 126 S.W.2d 673, 1939 Tex. App. LEXIS 487 (Tex. Ct. App. 1939).

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Opinion

LOONEY, Justice.

L. M. McGinness sued his wife, Delia McGinness, for divorce, alleging in substance, that soon after their marriage, the defendant began a course of unkind and cruel treatment of plaintiff, which grew worse until plaintiff was forced, on July *674 IS, 1935, to separate from her; that she would fuss, nag, quarrel, curse, and threaten plaintiff, and that about July 15, 1935, told plaintiff to get his clothing, leave -and stay away, all of which rendered their living together a,s husband and wife insupportable.

The defendant’s answer contained a general demurrer and a general denial. The general demurrer was overruled and, on trial before a jury, the defendant was found guilty of cruelty, as alleged, and the verdict meeting the approval of the court, judgment was'rendered for plaintiff as prayed, from which defendant appealed.

Only one assignment of error is urged, that is, that the court erred in overruling defendant’s general demurrer to plaintiff’s petition. This assignment is overruled, on authority of McCullough v. McCullough, 120 Tex. 209, 36 S.W.2d 459, Priddy v. Priddy, Tex.Civ.App., 78 S.W.2d 1110, and other cases to the same effect, hence, the judgment below is affirmed.

Affirmed.

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LOONEY, Justice.

L. M. McGinness sued his wife, Delia McGinness, for divorce, alleging in substance, that soon after their marriage, the defendant began a course of unkind and cruel treatment of plaintiff, which grew worse until plaintiff was forced, on July *674 IS, 1935, to separate from her; that she would fuss, nag, quarrel, curse, and threaten plaintiff, and that about July 15, 1935, told plaintiff to get his clothing, leave -and stay away, all of which rendered their living together a,s husband and wife insupportable.

The defendant’s answer contained a general demurrer and a general denial. The general demurrer was overruled and, on trial before a jury, the defendant was found guilty of cruelty, as alleged, and the verdict meeting the approval of the court, judgment was'rendered for plaintiff as prayed, from which defendant appealed.

Only one assignment of error is urged, that is, that the court erred in overruling defendant’s general demurrer to plaintiff’s petition. This assignment is overruled, on authority of McCullough v. McCullough, 120 Tex. 209, 36 S.W.2d 459, Priddy v. Priddy, Tex.Civ.App., 78 S.W.2d 1110, and other cases to the same effect, hence, the judgment below is affirmed.

Affirmed.

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126 S.W.2d 673, 1939 Tex. App. LEXIS 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcginness-v-mcginness-texapp-1939.

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