Rogers v. Rogers

Citations

• 93 Kan. 108
• 143 P. 408
• 1914 Kan. LEXIS 389

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Divorce — Constructive Service — Alimony — Misdescription of Land — Power of the Court. In an action for divorce and alimony commenced upon service by publication, the petition and notice described the property sought to be appropriated as alimony, by stating that the defendant’s father had died intestate, owning a tract of land, leaving a widow and five children, his sole heirs, stating, however, that the defendant (and the plaintiff) “now own an undivided one-tenth in an undivided one-half interest in the above described land.”</p> <p>The husband did not appear, and on the trial, and without notice, the petition and publication notice were amended by striking out the words italicized in the above quotation, and judgment was rendered for divorce, awarding to the wife the undivided one-tenth of the tract as alimony. Afterwards in this action for partition, the divorced wife claimed the one-tenth so awarded to her, but she was only given one-twentieth, upon the ground that the judgment for alimony was void as to the excess over the one-tenth of the one-half referred to in her original petition for divorce. It is held:</p> <p>a. The court in the action for divorce and alimony had jurisdiction to adjudicate upon the interest obtained by the husband by inheritance from his father.</p> <p>6. The court had. authority to allow the amendment.</p> <p>g. The judgment for alimony as rendered was not void, and should have been given full effect.</p> <p>2. Appeal — No Ground for Dismissal. The grounds of a motion to dismiss this appeal are examined and found insufficient.</p>