Roberts v. Roberts

Citations

• 103 Kan. 65
• 173 P. 537
• 1918 Kan. LEXIS 186

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action for Divorce — Parties in Equal Wrong — Judicial Discretion. When the parties to an action for divorce appear to be in equal wrong the court has discretion either to grant or refuse a divorce. Burke v. Burke, 44 Kan. 307, 24 Pac. 466, in so far as contrary hereto, is overruled.</p> <p>2. Same — When Parties are in Equal Wrong. Such parties are in equal wrong when the conduct of one has established any one or more of the statutory grounds for divorce, and the conduct of the other has also established any one or more of such grounds.</p> <p>3. Same — Statutory Ground for Divorce Established — Judicial Discretion — Divorce Granted. When in such action it is found that the defendant’s conduct has established one or more statutory grounds for divorce, it is not error or abuse of discretion of which such party may complain to grant a decree to the other party who under the evidence might be, but is not found to be, in equal wrong.</p> <p>4. Same — Conflicting Evidence. The evidence examined, and it is held that the usual rule that verdicts or findings based on conflicting evidence will not be disturbed sufficiently applies to preclude overturning the result reached by the trial court.</p>