Scott v. Kell, 18750
| Decision Date | 29 March 1957 |
| Docket Number | No. 18750,18750 |
| Citation | 127 Ind.App. 472,141 N.E.2d 106 |
| Parties | Robert O. SCOTT, Appellant, v. Edith H. KELL (formerly Scott), Appellee. |
| Court | Indiana Supreme Court |
Waldo C. Ging, Greenfield, John H. Baldwin, Indianapolis, for appellant.
Addison M. Dowling, Indianapolis, for appellee.
One of the errors assigned and relied upon by appellant as cause for reversal is the refusal of the trial court to admit evidence as to the immoral conduct of the appellee antedating the decree for divorce five years previously. It appears from the record that the parties have treated this action as a proceedings for a change of custody of the minor children of the parties. The Appellate Court has treated the action herein as a proceeding for the change of custody of the minor children of the parties and upon this theory of the action affirmed the ruling of the trial court as to the admissibility of the evidence above referred to. The Appellate Court grounded its opinion upon this issue in the earlier case of Dubois v. Johnson, 1884, 96 Ind. 6, 10. See: Scott v. Kell, 1956, Ind.App., 134 N.E.2d 828, 832.
While we affirm the ruling of the case of Dubois v. Johnson, supra, upon the facts presented in that case, we find that the facts are not analogous to the facts in the case before us and, therefore, we consider the precedent of that case is not controlling of the issue before us. In the Dubois case, supra, the losing party sought to change the order of custody as determined in the decree for divorce. The court properly held that a party seeking to change or modify the decree was not entitled to admit evidence antedating such decree for the purpose desired. Under the facts in that case the court properly stated:
However, as above stated, the facts in this case are not analogous to the facts in the Dubois case. The action herein does not seek to change the order of custody. It asks the court to fix the visiting privileges of the parties with their children.
The parties to this action had...
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K. B. v. S. B.
...fact, we will consider them as a whole, Scott v. Kell, (1956) 127 Ind.App. 472, 134 N.E.2d 828, reh. den. 137 N.E.2d 449, trans. den. 141 N.E.2d 106 (1957), and will liberally construe them in favor of the judgment. Miles, K.B.'s contention that the findings of fact do not contain all ultim......
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Smith v. City of South Bend
...together and will be liberally construed in support of the judgment. Scott v. Kell (1956), 127 Ind.App. 472, 134 N.E.2d 828, trf. den. 141 N.E.2d 106; TR 52(A)." Miles, supra, 362 N.E.2d at As noted earlier, the findings of fact and judgment of the trial court were not clearly erroneous. Th......
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...judgment. Scott v. Kell (1956), 127 Ind.App. 472, 134 N.E.2d 828 reh. denied, 127 Ind.App. 472, 137 N.E.2d 449, trans. denied, 127 Ind.App. 472, 141 N.E.2d 106. It is true where special findings are entered, we may not affirm the trial court's judgment on any ground which the evidence suppo......
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Guy v. Guy
...v. Short, Superintendent, 1921, 190 Ind. 338, 130 N.E. 536; Scott v. Kell, 1956, 127 Ind.App. 472, 134 N.E.2d 828; 137 N.E.2d 449, 141 N.E.2d 106; Maxwell v. Maxwell, 1956, 127 Ind.App. 266, 138 N.E.2d 921, 140 N.E.2d The King county superior court had the child and both parents before it a......