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22 Tex. 331

Walker v. Walker

Texas Supreme Court

Decided July 1, 1858

Texas Supreme Court · decided 1858-07-01

Tried below before the Hon. Fielding Jones. Suit by appellant, for divorce. The petition was filed August 26th, 1857. Appellee pleaded to the jurisdiction of the court, that he was not a resident of said county, at the time of the filing of plaintiff’s petition, &c. The evidence, upon the trial, was as follows: McGill, witness for defendant, was asked if defendant was a resident of Gonzales county, on the 26th of August, 1857, to which witness answered, I think not.

Cited by 2 later decisions — most recently February 1937

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-07-01

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Roberts, J.

¶1The charge of the court, presented correctly to the jury the question at issue,—in which county, was the “residence of the defendant, at the institution of the suit?”

¶2The evidence is conflicting, and does not sufficiently preponderate against the verdict, to require us to set it aside. The judgment is affirmed.

¶3Judgment affirmed.

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