BILLINGS v. BILLINGS

No. 38,156

170 Kan. 645 (1951)

228 P.2d 518

VIOLA BILLINGS, Appellant, v. HEYWOOD BILLINGS, Appellee.

Supreme Court of Kansas.

Opinion filed March 10, 1951.


Attorney(s) appearing for the Case

David W. Carson, of Kansas City, and Nelson E. Johnson, of Kansas City, Missouri, argued the cause, and George V. Aylward, of Kansas City, Missouri, was with them on the briefs for the appellant.

Herbert L. Lodge, of Olathe, argued the cause, and Roscoe C. Van Valkenburgh, of Kansas City, Missouri, and Howard E. Payne, of Olathe, were with him on the briefs for the appellee.


The opinion of the court was delivered by

PRICE, J.:

This appeal arises out of the disposition of property rights in a divorce action.

The primary question concerns the power of the lower court to vacate or modify its former decree in an action for separate maintenance and to make a different disposition of the property of the parties in a subsequent divorce action. The appellant wife was plaintiff in both actions and here the parties will be referred...

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