Mabel Pelham v. S. H. Sanders

This is an original proceeding for temporary restraining order, writ of prohibition, and writ of mandamus. Mabel Pelham, relator, had filed suit for divorce against George Pelham in the District Court of Panola County in which she sought custody of a minor child born to their marriage, child support, attorneys fee, and a partition and division of the community property of the said Mabel Pelham and George Pelham. This record does not reveal the date the suit was filed, but the case came on for trial on June 18, 1955, during the May term of said court. The term of court was attempted to be extended by order of the court until the conclusion of said trial. On June 29, 1955, according to the judgment entered in said cause, "* * * the court further proceeded with the trial of said cause on the issue of divorce only. At the conclusion of which, after hearing the evidence and statement of counsel, the court was of the opinion and so found, that the plaintiff, Mabel Pelham, was entitled to divorce, * * *." (Emphasis ours.) At such hearing, the court further determined that the temporary custody of the minor child should be awarded to plaintiff, Mabel Pelham, and directed the defendant, George Pelham, to pay $50 per month for the support of said child during said temporary custody. No judgment for divorce was entered at that time, "* * * and the court deferred a hearing and determination of temporary custody and the partition of the property of the parties until the next term of court." (Emphasis ours.)