Texas Supreme Court, 1867

Ellington v. Ellington

Texas Supreme Court · Decided January 15, 1867 · Donley

29 Tex. 2

Cases that cite this one

2 later published cases cite this decision.

Hayes v. Hayes (Tex. App. 1964)
Lieber v. Mercantile National Bank at Dallas (Tex. App. 1960)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Donley, J.

Art. 1390, O. & W. Digest, provides, that every matrimonial agreement must be made by an act before a notary public and two witnesses. [Paschal’s Dig., Art. 4633, Note 1041.] In the alleged marriage contract in this cause there are no witnesses; this is not in conformity with the statute, and the appellee cannot be affected thereby. This writing was properly disregarded by the court. It,is assigned that “the court erred in not continuing said cause.” The record does not show any applica*6tion to continue. The decree of partition appears to have been made in conformity with law. There is no statement of facts and no error apparent upon the record. The judgment is

Aeeirmed.

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