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NICHOLAS v. HOLDER

No. 12314.

244 S.W.2d 313 (1951)

NICHOLAS v. HOLDER.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied December 5, 1951.

Attorney(s) appearing for the Case

J. F. Carl, W. G. Perkin and Kelley, Looney, McLean & Littleton, Edinburg, for appellant.

Rankin, Kilgore & Cherry, Edinburg, for appellee.

NORVELL, Justice.

This is a suit for breach of promise to marry. On November 1, 1949, Dr. W. F. Nicholas, the defendant in this case, was divorced from his wife on the grounds of cruel treatment. Article 4629, § 1, Vernon's Ann.Civ.Stats. His remarriage to any person other than his former wife was proscribed by Article 4640, which provides that: "Neither party to a divorce suit, where a divorce is granted upon the ground of cruel treatment, shall marry any other...

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