The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1914-10-14
I]a(7st1
SUPREME COURT SYlLABL

OUT nLmL vUUn 'OILuD.
NO ls.oes
Ida Jane Rogers AppeIAue,
Ray Victor Rogers Appalled,. s-sE
Appeal from Linn County.
- REVNRSED. s.,
Syllabus. BY the Court Benea1s ,.
small, children. leaving them destitute m
her care, remaining absent in another
state and contributions nothing TO TIER
support although able to do 20. 10 liable
to respond, to an cotton brought by her
after she has obtained divorces To- re-
cover her expenses In supporting the cEil--
An Of the Justices concurrans.
Attest: WV d. A. VALENTINE.
ISeal-l Clerk Supreme Courts.s
No. 1aoss. 80
Mary E. Rogers. Appellee. s-s ?
Ray victor Rogers. ct al, Appeliees. and
Ida Jane Rogers. Appellant.
MODIFIED.
Syllabus. BY the Court. Benson. J.
l., In an. action for divorce and anmony
the petition and notice described the prop
erty sought to be appropriated a. alimony.
by stating that the defendants father had
leaving widow and five children. his
sole heirs, stating however that the de-
fendant (and the plaintiff) now own an
half interest In the above described land"
The husband did not appear, and on the
trial and without notice. the petition and
ing out the words italicised In the above
quotation. and judgment was rendered
for divorce. awarding to the wife the UNI
Afterwards in this action for partition.
the divorced wife claimed. the one-tenth
one-twentieth. upon the ground that the
judgment for alimony was void. to the ex-
cess over the one-tenth Of the one-haR
referred to in her original petition for
a. The. court in the action for divorce
and alimony had Jurisdiction to adjudicate
by inheritance from his father. 80
amendment. =
c. The Judgment for alimony as rem
given full effect.
2 The grounds of a motion to dismiss
this appeal arc examined and found in
All the Justices concurr;ng.
A true copy.
,A1ttest:- D. A. VALENTINE.
tSeal1 Clerk Supreme Court
Maria cn,,mo. F 20 1 &
EXECUTOR Of the Estate of Maria Chuznos.
Deceased. Appellant
Constantine g. Chumos, Appellee. a..
Appeal from Shawnee County.
REVERSED
syllabus. By the Court. Johnston q =
l. In a divorce proceeding q judgement
was rendered in favor of the wife giving
her the custody Of the children and ad-
given q certain sum as alimony payable
! In installments and that certain personal
property Of her own should be restored
tSS v1.kA A.
took one Of the children with her, as she
was permitted to do under the judgment,
and she died while living there. Some OF
the payments OF aIimony which had ac-
crued had not been paid A court Of that
state. appointed an executor Of her ,esfate
a cnd some h. one else as. as guardian Of the
out Of the country and this was done
| with tho knowledge and consent Of the
9d her estate i Is held that
Judgment in the divorce proceeding
awarding the aiimony and adjusting the
| vived.
2. AS the executor was not the guard
ian Of the child nor responsible for its
have had knowledge of or given his con-
| sent to the removal Of the child from the
country is not sufficient ground for re-
fusing his application for q revival OF tho
judgment.
B. The right to revive a Judgment in
q
ceased judgment creditor is not a matter
| Of discretion with the court but when an
application by proper party IL made In
due form and within the time prescribed
by statute the order or rcvivor must be
granted as a matter or right.
+ All the Justices concurring.
Attest: d. A. VALENTINE.
fSea1.1 Clerk Supreme Court
No 1898.
J. G. Rice. Appellant,
John Ard. Trustee. ct al. Appeilees.
/ Appeal from Allen County.
AFFIRMED.
Syllabus. BY the Court Mason. =.
I. An order OF the board Of county COM
missioners establishing a highway. IL 9TH.
tho fact, that It is made conditional upon:
the giving Of . bond by the principal pc
titioner for the construction Of ford at
the crossing Of a stream. where such bond
proved by the board.
2. Where q road has been lawfully
established by order Of the board OF coun-
ty commissioners. its opening will not be
enjoined in the following year because the
notice which was shortly given to. the.
owner to open 1t directed that the work
should be done within thirty days, instead
OF allowing ninety days and until the en-
suing first OF January. as the law pro-
vides.
Allsthe Justices concurrins.
Attest d. A. VALENTINE,
lSeaL1 Clerk Supreme Court.
No 1884, :.
Z NJ. Hardin. Appellee,
X VI.
NJ c. Baker. Defendant: M. w. Dey..
.ssass.s Appellant.
Appeal from Harvey County.
rss9.a : 5 : AFFIRMED. y.
II. and B. contracted to EXCHANGE Sst cs r.,
tain lands and to put the papers in thu