Combs v. Combs

Citations

• 99 Kan. 626
• 162 P. 273

Syllabus

<p>SYLLABUS CBY THE COURT.</p> <p>1. District Court — Three Divisions — Only One Court. While the district court of Wyandotte county has three divisions and three judges it is one court, and it was not error to refuse the transfer from the first to the third division of the defendant’s motion to modify a former decree rendered by the first division.</p> <p>2. Same — Divorce in First Division — Action in Third Division — Jurisdiction of First Division Not Ousted. A decree of divorce was granted by the first division in 1912. In 1916 the defendant filed a motion to modify the decree respecting the custody of the child of the parties. -A short time before this the plaintiff brought a suit in the third division, alleging, among other things, a subsequent verbal agreement to become husband and wife, and that “immediately thereafter they lived and cohabited together as man and wife,” the subsequent failure of the defendant to lseep such agreement and his marriage to another woman, and praying for separate support for herself and child. Held, that the pendency of this suit did not impair the jurisdiction of the first division of the court to hear and determine the motion.</p> <p>.3. Divorce — Custody ,of Children — Motion to Modify Decree — Evidence. An offer on the hearing of the motion to show in behalf of the plaintiff that subsequently to the decree of divorce the parties in every .respect resumed marital relations, after which the defendant went :away and married another woman, was refused. Held, that while ■such evidence would have been competent as affecting the fitness of the defendant to have the custody of the child, its rejection was not, in view of the evidence received, prejudicial error.</p> <p>4. Same — Custody of Children — Decree Subject to Modification. The modification of the former decree is no bar to any relief the plaintiff may be entitled to either by motion or by a separate suit.</p> <p>5. Same — Custody of Child — Modification of Decree — Evidence.