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EX PARTE TYLER

No. A-4220.

261 S.W.2d 833 (1953)

Ex parte TYLER.

Supreme Court of Texas.

Rehearing Denied November 25, 1953.

Attorney(s) appearing for the Case

Bourne & Lovell, Dumas, for relator.

Lee Minner, County Attorney, Oldham County, Vega, for respondents.

GRIFFIN, Justice.

This is an original application for a writ of habeas corpus filed in this Court by relator Tyler. Relator claims that a contempt judgment whereby he is restrained of his liberty is void, because it was issued ancillary to a suit for divorce against relator by his wife, Estelle Tyler, by virtue of a petition where the wife alleges:

"That she is now, and has been for a period of twelve months prior to the filing of this petition, an actual...

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