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SMITH v. SMITH

No. 7801.

535 S.W.2d 380 (1976)

Jessie James SMITH, Appellant, v. Kaffie Marie SMITH, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied April 1, 1976.

Attorney(s) appearing for the Case

John L. Fulbright, Beaumont, for appellant.

Ernest J. Browne, Beaumont, for appellee.

KEITH, Justice.

This is a small case with some large difficulties. The basic question presented by this record may be stated in these words: May a party who has appeared by filing responsive pleadings but who does not appear at the hearing upon the merits, obtain a reversal of the judgment merely by showing that he has been deprived of a statement of facts when the appeal is by way of a petition for writ of error? We answer this question in the negative, but we must...

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