O'Haley v. O'Haley

Citations

• 31 Tex. 502

Syllabus

<p>The 8th section of the act of 6th January, 1841, concerning divorce and alimony, reads as follows: “If the wife, whether complainant or defendant, has not a sufficient income for her maintenance during the pendency of the suit for a divorce, the judge may allow her a sum for her support proportional to the means of the husband, until a final decree shall be made in the case.” (Paschal’s Dig., Art. 3456, Note 802.) Where an order for alimony was made under this section, with which the husband failed to comply, and at the trial the jury found against the wife’s application for a divorce, an execution cannot be issued to enforce the allowance.</p> <p>The order for alimony is stated on the ground that the wife’s complaint is true; if the jury find against her, the order and all its consequences fall to the ground.</p>