190 S.W. 846 | Tex. App. | 1916
This is a divorce suit wherein judgment was rendered for the defendant, and the plaintiff has appealed. We have considered all the questions presented in appellant's brief, and have reached the conclusion that the judgment should be affirmed. The criticisms urged against the charge of the court are not regarded as tenable; nor do we think the court erred in refusing to give appellant's requested instructions. But if error was committed in any of the respects referred to, we are still of opinion that the judgment should be affirmed. Appellant produced no other witness than herself to prove her allegations that her husband had assaulted and cursed and abused her; and it has been decided that, under such circumstances, the plaintiff should produce some corroborating testimony in order to obtain the decree of divorce. Lohmuller v. Lohmuller,
We overrule appellant's contention that appellee had no right to prove that appellant had been guilty of similar acts of misconduct toward him. Appellant contends that appellee's answer was not sufficient to admit such proof, though it is admitted that he alleged such facts in his answer as a justification of his previous conduct in having plaintiff tried upon a charge of insanity. The rules of pleading which apply in other cases do not apply to a defendant in a divorce case in this state, and although he may not answer at all, it is the duty of the court to hear any testimony which would show that the plaintiff is not entitled to a divorce. Bostwick v. Bostwick,
No reversible error has been shown, and the judgment is affirmed.
Affirmed. *847