George Swanson v. Pearl Swanson

This case is here on a certified question. The material facts certified are as follows: Pearl Swanson sued George Swanson for a divorce in the District Court of Ector County. The trial was before the court without a jury, and a judgment was entered in favor of Pearl Swanson, granting her a divorce and decreeing a division of the community property, and awarding her the custody of the minor child. On motion of appellant, the trial court filed its findings of fact and conclusions of law. George Swanson appealed to the Court of Civil Appeals, and that court reversed the judgment of the trial court, on the ground that Pearl Swansons evidence was insufficient to sustain the judgment of the trial court awarding the divorce. The transcript fails to show that appellant took any exception to the judgment entered, nor did he file in the trial court any exceptions to the courts findings of fact and conclusions of law, and he did not request additional findings. The transcript does not show that a motion for new trial was filed, and the Court of Civil Appeals assumed that such a motion was filed. We quote from the certificate the following: