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IRVIN v. IRVIN

No. 40,808

182 Kan. 563 (1958)

322 P.2d 794

WARREN K. IRVIN, Appellant, v. SHIRLEY A. IRVIN, Appellee.

Supreme Court of Kansas.

Opinion filed March 8, 1958.

Attorney(s) appearing for the Case

Louis F. Eisenbarth, of Topeka, argued the cause, and Donald D. Farmer, of Topeka, was with him on the briefs for appellant.

Gene E. Schroer, of Topeka, argued the cause, and Norbert R. Dreiling, of Hays, Robert W. Domme and Michael A. Barbara, both of Topeka, were with him on the briefs for appellee.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal in a divorce action from an order of the lower court sustaining the defendant's oral motion to dismiss on the ground that the plaintiff (appellant herein) was not an actual bona fide resident of Shawnee County at the time his action was filed in Shawnee County, Kansas.

The only question presented is whether there was sufficient evidence...

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