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FINCHAM v. FINCHAM

Nos. 38,164, 38,202

171 Kan. 120 (1951)

231 P.2d 232

FRANCES M. FINCHAM, Appellee, v. ARTHUR S. FINCHAM, Appellant. FRANCES M. FINCHAM, Appellant, v. ARTHUR S. FINCHAM, Appellee.

Supreme Court of Kansas.

Opinion filed May 12, 1951.

Attorney(s) appearing for the Case

George Barrett, of Pratt, and W.D. Jochems, of Wichita, argued the cause and Omer Poos, of Hillsboro, was with them on the briefs for the appellant in Case No. 38,164; Paul R. Wunsch, of Kingman, and E.E. Sattgast, of Wichita, argued the cause and John Madden, Jr., was with them on the briefs for the appellant in Case No. 38,202.

Paul R. Wunsch, of Kingman, and E.E. Sattgast, of Wichita, argued the cause and John Madden, Jr., was with them on the briefs for the appellee in Case No. 38,164; George Barrett, of Pratt, and W.D. Jochems, of Wichita, argued the cause and Omer Poos, of Hillsboro, was with them on the briefs for the appellee in Case No. 38,202.

The opinion of the court was delivered by

SMITH, J.:

This was an action for divorce and alimony. The appeal is by the defendant from an intermediary order.

The facts so far as they affect this appeal are as follows: Plaintiff began in Sedgwick county, Kansas, an action for divorce from her husband. In her petition she charged extreme cruelty and gross neglect of duty. She described land owned by defendant in five

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