Newcome v. Light

Citations

• 58 Tex. 141
• 1882 Tex. LEXIS 223

Syllabus

<p>1. Disqualification of judge.— A wife sued her husband for divorce, alleging cruel treatment, etc., which suit was dismissed. Afterwards the husband sued for divorce on the ground of abandonment, and obtained a decree of divorce. The judge who presided on the trial of the second suit was the attorney of the husband in the first suit. The husband defended in the first suit on the ground that he was not guilty of cruel treatment, and that hence her abandonment was not justified. Afterwards the wife sued in this case for a partition of the community property, which was also sought in the first suit, though not in the second, .which resulted in a divorce. Held,</p> <p>(1) The judge was disqualified to render judgment in the second suit, and the decree therein rendered was not conclusive between the parties.</p> <p>(2) A charge recognizing the validity of the decree as establishing the abandonment by the wife of her husband without cause, was error.</p>