Bowers v. Bowers

Citations

• 70 Kan. 164
• 78 P. 430
• 1904 Kan. LEXIS 21

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>]. Divorce— Court May Sustain Demurrer to Plaintiff’s Evidence and Retain Case for Further Hearing in Regard to Division of Property. In an action for divorce and for a division of property a demurrer to plaintiff’s evidence was interposed on the ground that the evidence introduced proved no cause of action in favor of plaintiff and against defendant. Held, not error for the court to sustain the demurrer to plaintiff’s claim for divorce and retain the case for further hearing upon the matter of a division of the property.</p> <p>2. -Statute Authorizes Court to Make Equitable Division of Property, after Refusing Divorce. In an action for divorce and for a division of property, where a divorce is refused the court is authorized, under section 5136 of the General Statutes of 1901, to make such order as may be proper for the control and equitable division of the property of the parties, or the property of either of them.</p>