Summary
In Spell v. Green, 144 Tex. 535, 192 S.W.2d 260 (1946), such rule was stated as follows: 'We approve the holding of the Court of Civil Appeals wherein it held that where the right to the custody of a minor child had been awarded in a divorce decree and a subsequent suit was brought to relitigate the right to the custody of the child on the ground of alleged change of conditions, the venue of the suit was in the county of the residence of the defendant.
Summary of this case from Czichos v. MeserveOpinion
No. A-798.
Decided February 13, 1946.
Error to the Court of Civil Appeals for the Ninth District, in an appeal from Orange County.
This is a proceeding brought by J.R. Spell against his former wife, who was divorced from him in 1943 and subsequently married Robert Green, for the custody of the minor child of the said J.R. Spell and his former wife Virginia Spell, which child, in the divorce proceedings, was awarded to each for a part of the time. The suit was filed in Orange County, the home of J.R. Spell. The defendants Virginia Spell Green and her husband filed a plea of privilege to be suited in Cass County, the home of Robert Green. Said plea was controverted and overruled by the trial court. The Court of Civil Appeals reversed that judgment and remanded the cause with instructions that the plea of privilege be sustained and the case transferred to Cass County, 191 S.W.2d 92. J.R. Spell has applied to the Supreme Court for a writ of error.
The application is refused.
W.P. Sexton and J.T. Adams, both of Orange, for petitioner.
Homer E. Stephenson, of Orange, for respondent.
1 The appeal in this case is from a final judgment disposing of the cause of action on its merits, and therefore this Court has jurisdiction on the application for writ of error.
2 We approve the holding of the Court of Civil Appeals wherein it held that where the right to the custody of a minor child had been awarded in a divorce decree and a subsequent suit was brought to relitigate the right to the custody of the child on the ground of alleged change of conditions, the venue of the suit was in the county of the residence of the defendant. The application for writ of error is refused.
Opinion delivered February 13, 1946.