Wentworth v. Wentworth
Wentworth v. Wentworth
Opinion of the Court
This is a divorce suit. Appellant, Carolina Wentworth, appeals from a judgment of divorce granted appellee, Douglas H. Wentworth, after a jury trial, on the ground of harsh and cruel treatment.
Appellant asserts on this appeal that the jury finding of cruel treatment is not supported by full and satisfactory evidence. In any event, the appellee condoned all acts of cruelty by thereafter living with her in the same house and having sexual relations with her. She urges in the alternative that even if the divorce is granted appellee, the judgment should be reversed and remanded as to the property division, in that she was not awarded any part of appellee’s future military retirement pay. No reply brief was filed by appellee.
Appellee is a sergeant in the United States Air Force and had approximately seventeen years of service at the time of the trial, the last four years of which were at the Laredo Air Force Base. The parties were married on September 1, or October 1, 1966, in Laredo, Texas. At that time, appellant was occupying a house which she was paying for in monthly installments. Appellee alleged that the couple separated about February 1, 1967, because of the un
Although we have serious doubts as to whether the evidence supports a finding that appellant was guilty of cruel treatment within the meaning of the statute,
Appellee denied that he visited the home every weekend, but admitted that he went to appellant’s house about once a month. He testified that she allowed him to come home about once a month, and that after performing numerous chores he would usually go to bed with her. He admitted this last visit occurred about a month before the petition was filed. This was about May 1st and long after the alleged date of separation. He did not testify to any subsequent acts of cruelty which would have nullified such condonation. See Harbord v. Harbord, 397 S.W.2d 959 (Tex.Civ.App.—Eastland 1965, no writ); Bippus v. Bippus, 246 S.W.2d 502 (Tex.Civ.App.—San Antonio 1952, no writ).
The judgment of the trial court is reversed and here rendered denying appellee a divorce from appellant.
. Art. 4629(1), Vernon’s Ann.Civ.St.
. Webster v. Webster, 442 S.W.2d 786 (Tex.Civ.App. — San Antonio 1969, no writ) ; Shaw v. Shaw, 402 S.W.2d 821 (Tex.Civ.App. — San Antonio 1966, no writ).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.