Bledsoe v. Seaman

Citations

• 77 Kan. 679
• 95 P. 576
• 1908 Kan. LEXIS 322

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Divorce — Jurisdiction—Im/peaehment of the Decree. When both parties, to a suit for divorce appear in the court - of another state and submit to its jurisdiction, and after trial on the merits a decree is obtained, the party in whose favor the decree is granted will not be permitted, in an action subsequently commenced in this state, to impeach such decree on the ground that at the time the suit was commenced and the decree entered neither party resided in that state but both were residents of this state.</p> <p>2. - Residence of Parties — Estoppel to Deny Jurisdiction. The plaintiff and her husband resided in Kansas. The husband went to South Dakota for the purpose of obtaining a divorce. He commenced a suit there for that purpose; plaintiff was notified and filed an answer and cross-petition, in . which she prayed for a divorce, alimony, and the exclusive custody and control of their daughter, then eight years of age. . She obtained a decree as prayed for. Seven years afterward she commenced an action in Kansas against the defendant for alienating the affections of her husband. In her petition she alleged her marriage, and also the decree of divorce, but averred that the South Dakota court was without jurisdiction for the want of the required residence of the parties in that state. The defendant answered by pleading the South Dakota . judgment and averring its regularity and legality. Plaintiff, by reply, admitted the judgment but denied its validity, for the reasons stated in the petition. The court gave judgment for the defendant upon the pleadings. Held, not error.</p>