Roberson v. Roberson

Texas Commission of Appeals

Roberson v. Roberson

2 Posey 451

DecidedJuly 1, 1882

StatusPublished

This text of 2 Posey 451 (Roberson v. Roberson) is published on Counsel Stack Legal Research, covering Texas Commission of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roberson v. Roberson, 2 Posey 451 (Tex. Super. Ct. 1882).

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Opinion

Opinion.— In our opinion there is no error in the judgment of the court below. Every fact attested by the witness in this case might be true, and yet the defendant might have been driven from her home by the plaintiff, or at least she might have left it with his consent. In accordance with the rule announced in McGowan v. McGowan, [452]*45252 Tex., 567, the plaintiff should have produced at least some reasonable measure of proof that he “ neither caused nor procured nor consented to the separation.” Plaintiff’s evidence falls far short of this.

Judgment affirmed.

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Opinion.— In our opinion there is no error in the judgment of the court below. Every fact attested by the witness in this case might be true, and yet the defendant might have been driven from her home by the plaintiff, or at least she might have left it with his consent. In accordance with the rule announced in McGowan v. McGowan, [452]*45252 Tex., 567, the plaintiff should have produced at least some reasonable measure of proof that he “ neither caused nor procured nor consented to the separation.” Plaintiff’s evidence falls far short of this.

Judgment affirmed.

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Bluebook (online)

2 Posey 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberson-v-roberson-texcommnapp-1882.