191 S.W.2d 81 | Tex. App. | 1945
Margarett Haynes instituted a suit in the district court of Hardin County against her husband, Bill Haynes, in which she sought a divorce from the defendant and the care and custody of William Charles John Haynes, a minor child, the issue of said marriage. Bill Haynes, the appellant here, filed a cross action in which he sought judgment for divorce and the custody of said child, or in the alternative that said child be awarded to Mrs. Tilda Haynes. On a trial, the court awarded appellee, Margarett Haynes, a divorce and awarded the custody of the child, William Charles John Haynes, to C. H. Plaunty and wife, Emma Plaunty, parents of appellee, who were not parties to the suit.
The appellant predicates his appeal on one point, in which he challenges the authority of the trial court to award the custody of the minor child of the parties to C. H. Plaunty and wife, Emma Plaunty, in the absence of any pleading filed by them or on their behalf seeking such relief. There is no statement of facts in this record, therefore we must presume that sufficient evidence was introduced on the trial of the case to authorize the trial court to enter the judgment complained of provided it had the authority so to do. The only question for our consideration is the authority of the trial court to enter judgment awarding the custody of a minor child to persons not parties to the suit. Appellant contends that under Article