Purdy v. Ernst

Citations

• 93 Kan. 157
• 143 P. 429
• 1914 Kan. LEXIS 399

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Divorce — Custody of'Minor Child — Decree May be Modified— Proper Procedure. After the death of the plaintiff in a divorce action, to whom the custody of a minor child was awarded, the decree may be modified by giving the custody of the child to the defendant upon motion made in the divorce action, and without revivor.</p> <p>2. Same — Persons Interested Should Have Notice — May Defend and Appeal. In such cases persons having an interest in the custody of the child adverse to the motion should be notified, and they may appear and produce evidence, and may appeal, without the formality of being made parties to the litigation.</p> <p>3. Attorney for Plaintiff — May Subsequently Appear for Defendant When. The attorney for the plaintiff in the original action may appear for the defendant in the proceeding to modify the decree when the motion is based on conditions arising' subsequent to the original decree and the attorney is not required to violate any confidence reposed in him by his former client or to do anything injuriously affecting his former client’s interests.</p>