Texas Supreme Court

Ex Parte Bobby Gene Threet

March 23, 1960160 Tex. 482

Summary

The Texas Supreme Court granted the habeas corpus petition, holding that the plaintiff failed to establish the requisite elements of a common law marriage and therefore the district court lacked authority to order support pending divorce. The Court also articulated the three elements required for a prima facie common law marriage in Texas. Justice Smith dissented, arguing the evidence was sufficient and the Court lacked jurisdiction to overturn the trial court's findings.