Jones v. Jones

Citations

• 60 Tex. 451
• 1883 Tex. LEXIS 357

Syllabus

<p>1. Service of process.— The object of the statute, arts. 1230-1233, concerning service of citation, was to provide an easier and less expensive method of effecting service than by publication, and its provisions are to be liberally construed.</p> <p>2. Jurisdiction.— While the domicile of the husband fixes that of the wife, no presumption to that effect can obtain in a suit for divorce brought by the wife, in a county in which she alleges her permanent residence to be.</p> <p>3. Divorce.— The district courts of Texas have jurisdiction to pass upon questions affecting the continuance of the marital relations, in the suit brought by the wife in the county in which she has a permanent residence, no matter where the offenses for which the divorce is sought were committed. Following 9 Wall., 123, and other authorities cited.</p> <p>4. Same.—It is not improper in a suit for divorce to insert general charges of cruelty and follow them with allegations of one or more specific acts, which may or may not be included in the specific charge.</p> <p>5. Same.—A charge in a petition for divorce of excesses or cruel treatment. alleged to have been committed between the last of November and the first of May following, without designating the place, is sufficiently specific.</p> <p>6. Same.— In a suit for divorce brought by the wife, in which, among other allegations of cruel treatment, she charged that the defendant had filed a bill for divorce against her in another state, falsely charging her with adultery, it was not improper to attach a copy of the bill to the petition as an exhibit; and exceptions to the allegation on the ground that the bill was not sworn to were properly overruled.</p> <p>7. Practice.— Pleadings and all exhibits attached thereto and made a part thereof, whether good or bad, when no exceptions have been filed thereto, may be read to the jury as such.</p> <p>8. Evidence.— Evidence by a witness that the defendant in a divorce suit had stated to him that his w