210 S.W.2d 275 | Tex. App. | 1948
This is a child custody case. The trial court in his judgment found substantially that the material allegations of plaintiffs' and intervener's petitions were false and that Mrs. Loy Wicks, the mother, was a proper person to have the care, custody and education of John Lambert Stephens, Jr., and awarded the child to his mother. There was no request for findings of fact and conclusions of law and none was filed.
The cause was transferred from the Dallas Court of Civil Appeals to our court by order of the Supreme Court and at a former day of this term this court was of the opinion that the district court of Dallas county was without jurisdiction to hear and determine the case and did not pass upon any other assignments. Cox v. Wicks, Tex. Civ. App.
Point 5 is: "The greater weight of the evidence showing that appellees were not fit and suitable persons to have the care and custody of said minor child, and that *276 it was not to the best interests and welfare of the said minor child, the trial court abused its sound discretion and committed reversible error in finding that they were such suitable persons and awarding the child's custody to appellees." Point 3 is to the same effect.
Under the doctrine announced by our Supreme Court in State ex rel. Wood v. Deaton,
We have considered each of the other assignments and each is overruled.
The judgment of the trial court is affirmed.