Crews v. Sheldon

Citations

• 106 Kan. 438
• 186 P. 498
• 1920 Kan. LEXIS 535

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial — Issues of Fact — Findings and Judgment Conclusive. Rule followed that the findings and judgment of a trial court on an issue of fact, supported by substantial though controverted evidence, cannot be disturbed on 'appeal.</p> <p>2. Parent and Child — Custody of Child Awarded to Surviving Parent. Rule followed that where a divorced parent has been awarded the custody of a child and such parent dies, the custody of the child passes to the other parent when the latter is a fit person to be intrusted with the care and nurture of such child.</p> <p>3. Same — Custody of Minor Child — Evidence. In determining the fitness of a father to have the custody of his infant son, no error occurred in excluding from consideration as evidence the allegations of the mother’s petition in which she sought a divorce from her husband, who was the father of the child.</p>