McCormick v. McCormick

Citations

• 100 Kan. 585
• 165 P. 285
• 1917 Kan. LEXIS 380

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Divorce Refused — Division of Property — Pleadings. If the court refuses to grant a divorce to parties it may under section 668 of the civil code make an equitable division and disposition of their property, although no demand for such division and disposition had been made by either of the parties in the pleadings originally filed by them.</p> <p>2. Same. After refusing a divorce in such a case, the court may in its discretion direct the parties to set forth their claims as to property rights, and what each would regard to be an equitable division of their property, but as such a division is incidental to the divorce proceedings such written statements or additional pleadings are not essential to the authority of the court to make a division.</p> <p>3. Same — Judgment Sustained by Evidence. The evidence examined and held to be sufficient to sustain the findings and judgment of the trial court.</p>