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DENNIS ALONZO REYMAN v. MINNIE MERLE REYMAN (12/19/57)

December 19, 1957

DENNIS ALONZO REYMAN, APPELLANT,
v.
MINNIE MERLE REYMAN, APPELLEE



Author: Mcdonald

McDONALD, Chief Justice.

This case is before us upon a petition for a writ of error seeking revision and correction of a judgment entered by the District Court of Coryell County. Parties will be referred to as in the Trial Court. The only record before us is the transcript, which reflects the following: On 5 February 1957, plaintiff Minnie Merle Reyman filed suit for divorce against her husband, defendant Dennis Alonzo Reyman. The petition alleged cruel treatment; no property; sought no attorney's fees; and prayed for judgment for divorce.

On 13 March 1957 defendant executed a waiver, in which he acknowledged receipt of a copy of the petition; accepted service of process and waived issuance and service of process, "and agrees that the petition may be amended without further notice to him."

On 25 March 1957 plaintiff filed an amended petition which prayed for the divorce as in the original petition, and in addition, "plaintiff shows that out of her separate funds, she loaned to defendant $846 * * * and that by reason thereof, she is entitled to a judgment against the defendant for the sum of $846." Plaintiff further prayed for $250 as attorney's fees.

On 6 April 1957 defendant's waiver executed on 13 March 1957 was filed and on this same date, 6 April 1957, the complained of judgment was entered, pertinent portions of which are:

"Minnie Merle Reyman, Plaintiff, v. Dennis Alonzo Reyman, Defendant.

In the District Court of Coryell County, Texas.

"On this day came on to be heard the above styled and numbered cause, and came plaintiff in person and by attorney * * *. And it appearing to the court that the defendant has heretofore waived the issuance of citation and accepted service herein;

"And it further appearing to the court, from an inspection of the record herein and from the evidence, * * * no jury having been demanded, the court proceeded to try said cause * * * and the court having heard the pleadings read and the evidence * * *.

"It is therefore Ordered, Adjudged, and Decreed that * * * the plaintiff is granted a divorce from the defendant * * *.

"It is further Ordered * * * plaintiff do have judgment from defendant for the sum of $846 which the plaintiff loaned to defendant * * * and the sum of $100.00 as attorney's fees."

On 17 September 1957 defendant filed his petition for a writ of error for a revision and correction of such judgment, together with necessary writ of error bond.

No Motion for New Trial or Bill of Review was ever filed in the Trial Court. As noted, there is no statement of facts brought forward.

Defendant contends in his brief that he signed the waiver to the original petition seeking divorce only; and that thereafter plaintiff filed the amended pleading seeking in addition to the divorce, judgment for $846 for money loaned and the attorney's fees; that he waived issuance and service of citation only, and had not made an appearance in court in the case; and that he had no notice that judgment for the $846 and attorney's fees was to be sought. Defendant seeks a reversal and remand of the case, or in the alternative, a reversal and remand of that part of the judgment granting plaintiff the $846 money judgment and the $100 attorney's fees. Defendant ...


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