King v. King

Court of Civil Appeals of Texas
King v. King, 393 S.W.2d 421 (1965)
Wilson

King v. King

Opinion of the Court

WILSON, Justice.

Appellant’s points in this divorce action complain of the overruling of her special exceptions to general allegations of cruel treatment in plaintiff’s petition.

Evidence under these general allegations was introduced without objection. The right to complain of the overruling of special exceptions is waived by failure to object to the evidence. Banner Dairies v. Geers, Tex.Civ.App., 292 S.W.2d 169, 171, writ dism.; Tucker v. Northcutt, Tex.Civ.App., 248 S.W.2d 750, 753; Pounds v. Jenkins, Tex.Civ.App., 157 S.W.2d 173, 176; Kauffman v. Parker, Tex.Civ.App., 99 S.W.2d 1074; 3 McDonald, Texas Civil Practice, Sec. 10.14, p. 883; 2 id., Sec. 5.18, p. 515, n. 32; 45 Tex.Jur.2d, Sec. 176, p. 727.

The judgment is affirmed.

Reference

Full Case Name
Marie Grace KING v. Robert E. KING
Cited By
1 case
Status
Published