Cozard v. Cozard

Citations

• 48 Wash. 124
• 92 P. 935
• 1907 Wash. LEXIS 870

Syllabus

<p>Appeal — Record—Admission oe Evidence. Prejudicial error cannot be claimed in admitting in evidence a letter, where the same is not made part of the record on appeal.</p> <p>Divorce — Adultery-—Condonation. Where condonation of acts of adultery was conditional, a breach of the condition works a revival of the offense.</p> <p>Same — Custody oe Children. In granting a divorce on the ground of adultery of the wife, a decree granting the custody of the children to the husband is warranted where the wife’s conduct showed that she was not a proper person to have their custody.</p> <p>Same — Decree—Award op Community Property. Upon granting a divorce to a husband and awarding him the custody of four children, it is not an abuse of discretion to award to him one-half of the community property, valued at $2,500, and one-half to the children, he to pay the wife $250.</p> <p>Same — Support oe Children. A wife, divorced on the ground of adultery, cannot complain that the court had no power to award one-half of the community property to four minor children, whose custody was awarded to the husband, since the court could have awarded it to the husband for their support.</p>