Court of Civil Appeals of Texas, 1965

King v. King

King v. King
Court of Civil Appeals of Texas · Decided August 12, 1965 · Wilson
393 S.W.2d 421 (South Western Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.