Kendall v. Kendall

• Decision Date: 14 May 1897
• Docket Number: 317
• Citation: 48 P. 940,5 Kan.App. 688
• Parties: GEORGE KENDALL v. LIZZIE A. KENDALL
• Court: Kansas Court of Appeals

48 P. 940

5 Kan.App. 688

GEORGE KENDALL v. LIZZIE A. KENDALL

No. 317

Court of Appeals of Kansas, Southern Department, Central Division

May 14, 1897

May 14 1897.

Error from Harper District Court. Hon. G. W. McKay, Judge. Opinion filed May 14, 1897. Modified.

Case remanded.

Anderson & Henderson, and John W. Shartell, for plaintiff in error.

Beardsley & Gregory, for defendant in error.

OPINION

SCHOONOVER, J.

On the seventeenth day of June, 1893, Lizzie A. Kendall obtained judgment for divorce against George Kendall in the District Court of Harper County. She was also given certain real estate and two thousand dollars in money as her alimony. The care, custody and education of Rachel Pearl Kendall and George William Kendall, minor children, were confided to her exclusively. No further provision for the minor children was made.

On the second day of June, 1894, Lizzie A. Kendall, the plaintiff below, filed her motion in the District Court of Harper County, to modify and change the decree rendered on the seventeenth day of June, 1893. Notice of the hearing of said motion was duly served. By consent of the parties the hearing of said motion was set for August 20 1894. The defendant appeared and filed his motion to dismiss the motion of plaintiff to modify the decree, and to strike said motion from the files.

The court sustained the motion so far as it related to modifying and altering the decree as to permanent alimony; and overruled it so far as it attacked plaintiff's motion for an order modifying and changing the decree as to the support education and provision for the minor children. The further hearing was continued until the October term, 1894, when the case was heard by the court on the motion of plaintiff to modify and change the decree and order in so far as said decree and order made provision for the care, custody, support and education of the minor children of the plaintiff and defendant. All parties were present and the court made the following order.

"The court after hearing the testimony, finds that said minor children, Rachel Pearl Kendall and George William Kendall have no income or means of support of their own, that the plaintiff herein is without income or means to support them and educate them, and that the present circumstances of the plaintiff herein and the said children are such that the order and decree of the seventeenth day of June should be modified. It is therefore considered and ordered that said defendant, George Kendall, pay to the said plaintiff, Lizzie A. Kendall, in trust and for the support of the said minor children, the sum of fifteen dollars per month for each of the said minors until each of them reaches the age of twenty-one, and that said payments date from the date of the decree and order heretofore made herein on the seventeenth day of June, 1893; that the payments now due and amounting to five hundred dollars at this date, be paid within fifteen days from this date; that the aforesaid sums of fifteen dollars per month hereafter to be paid to plaintiff for each of the said minors, be paid to said plaintiff quarterly, to wit, ninety dollars on the eighth day of February,...