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MARSHALL v. MARSHALL

No. 37,757

168 Kan. 169 (1949)

211 P.2d 428

CHARLES EDWIN MARSHALL, Appellee, v. J.M. MARSHALL, Appellant.

Supreme Court of Kansas.

Opinion filed November 12, 1949.

Attorney(s) appearing for the Case

Howard F. McCue, of Topeka, argued the cause, and Roy N. McCue, of Topeka, was with him on the briefs for the appellant.

L.M. Ascough, of Topeka, argued the cause, and Harry K. Allen, of Topeka, was with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, J.:

This is an action for divorce and child custody. Judgment was for the plaintiff. Defendant appeals.

The statement of some uncontroverted background will be made at the outset.

Defendant is a citizen of Australia. She and plaintiff were married at Sidney, Australia, during the war. They have one child, Leon Charles Marshall. He was born in Australia...

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