Opinion
No. A-1007.
Decided November 6, 1946.
This is a motion for leave to file a petition for mandamus in the Supreme Court, to require the justices of the Court of Civil Appeals for the Fifth Judicial District to certify to the Supreme Court certain questions of law arising in a suit for divorce filed by Evelyn Finn against Edward J. Finn, in which suit the decree of divorce was granted as prayed for and the judgment was reversed and the cause remanded by the Court of Civil Appeals, 185 S.W.2d 579. And, upon a second trial the divorce was again granted by the trial court and that time the judgment was affirmed by the Court of Civil Appeals, 195 S.W.2d 679. The main contentions of defendant were conflicts in evidence between first and second trials and lack of corroboration of testimony by plaintiff.
Motion overruled.
Ely Straus, of Dallas, for petitioner.
The motion for leave to file a petition for mandamus to compel the Court of Civil Appeals at Dallas to certify certain questions on the ground of conflict of the courts in the construction of Article 4632 of the Revised Civil Statutes is overruled, because the Court of Civil Appeals in this case ( 195 S.W.2d 679) correctly held that under Article 4632, which requires "full and satisfactory evidence" to support a decree of divorce, corroboration of the testimony of the complaining spouse is not an indispensable requirement, as a matter of law, even where a denial is entered.
Opinion delivered November 6, 1946.