Phillips v. Phillips

Citations

• 69 Kan. 324
• 76 P. 842
• 1904 Kan. LEXIS 251

Syllabus

<p>SYLLABUS BY THE COURT,</p> <p>1. Divorce and Alimony—Omission of Date in Journal Entry. The omission of the date of its rendition from the journal entry of a decree of divorce does not render such decree void by reason of the terms of section 5142, General Statutes of 1901.</p> <p>2. -Action in ■Kansas by Wife for Alimony—Divorce Granted Husband in Oklahoma—Bes Judicata. A wife brought her action for alimony in the district court of a county in •this state under the provisions of our statute authorizing the maintenance of such an action for any of the causes for which a divorce may be granted. Subsequently the husband brought an ■ action.against the wife for a divorce in the county of his residence in the territory of Oklahoma. In this action the wife personally .appeared and filed a cross-petition asking for a divorce and alimony, setting up as grounds therefor the same causes which she charged in her petition for alimony. The divorce action was tried before the action for alimony, and the court found the husband to be without fault and granted him a divorce upon the allegations of his petition. Held, that the wife could not thereafter maintain her action for alimony for the reason that the truth . of her causes therefor had been decided against her by the Okla- . homa court and was res judicata.</p>