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Blackmon v. Blackmon

Court of Civil Appeals of Texas, Austin
Nov 14, 1928
11 S.W.2d 533 (Tex. Civ. App. 1928)

Opinion

No. 7284.

November 14, 1928.

Appeal from District Court, Dallas County; R. J. Williams, Judge.

Suit by R. H. Blackmon against Mollie Blackmon for divorce. From an adverse judgment, plaintiff appeals. Affirmed.

Louis Wilson, of Dallas, for appellant.

Thompson, Knight, Baker Harris and Jack F. Hyman, all of Dallas, for appellee.


Appellant sued appellee for divorce, alleging abandonment and cruel treatment. Appellee contested the suit. The case was tried to the court without a jury, and the divorce was denied. From this judgment he has appealed, and asks this court to grant the divorce.

Both appellant and appellee testified. She either positively denied or reasonably explained the charges made by him. There was evidence strongly indicating that appellant abandoned appellee, rather than that she abandoned him. Numerous letters are also in the record, contradicting and discrediting appellant's testimony. It was the province of the court to determine the credibility of the parties and the weight to be given their testimony. Article 4633, R.S. 1925. This the trial court did in favor of the appellee. Certainly there is not such "full and satisfactory" evidence in the record as would authorize us to disturb the trial court's findings and judgment.

The judgment of the trial court is therefore affirmed.

Affirmed.


Summaries of

Blackmon v. Blackmon

Court of Civil Appeals of Texas, Austin
Nov 14, 1928
11 S.W.2d 533 (Tex. Civ. App. 1928)
Case details for

Blackmon v. Blackmon

Case Details

Full title:BLACKMON v. BLACKMON

Court:Court of Civil Appeals of Texas, Austin

Date published: Nov 14, 1928

Citations

11 S.W.2d 533 (Tex. Civ. App. 1928)

Citing Cases

Arendale v. Arendale

Rev.St. 1925, art. 4633. See in this connection, Blackmon v. Blackmon (Tex.Civ.App.) 11 S.W.2d 533; Rauch v.…