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MATHEY v. MATHEY

No. 39,126

175 Kan. 446 (1953)

264 P.2d 1058

EMMA MATHEY, Appellant, v. CHARLES H. MATHEY, Appellee.

Supreme Court of Kansas.

Opinion filed December 12, 1953.

Attorney(s) appearing for the Case

Henry H. Asher, of Lawrence, argued the cause, and C.L. Hoover, of Junction City, and Myron S. Steere, of Ottawa, were with him on the briefs for the appellant.

U.S. Weary, of Junction City, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

WEDELL, J.:

In this action the wife sued for divorce, division of property and alimony.

It appears the domestic life of the parties had been a turbulent one. In appellee's opening statement the trial court was advised he would not contest the divorce and in that connection made the following statement:

This was the fourth divorce action. The first was dismissed...

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