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FISHER v. TOLER

No. 43,982

194 Kan. 701 (1965)

401 P.2d 1012

MARGARET KATHRYN FISHER, Appellant, v. EUGENE MILTON TOLER, Appellee.

Supreme Court of Kansas.

Opinion filed May 15, 1965.

Attorney(s) appearing for the Case

Kent McCormick, of Wichita, argued the cause, and Henry E. Martz; Clyde Wendelken, and Elliott Fry, all of Wichita, were with him on the briefs for the appellant.

Byron Brainerd, of Wichita, argued the cause, and Lawrence Weigand; Lawrence E. Curfman; Charles W. Harris; Orval J. Kaufman; J. Ruse McCarthy; Donald A. Bell; J.L. Weigand, Jr.; Spencer L. Depew; Paul M. Buchanan, and Charles R. Moberly, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, C.J.:

This is an action by a wife to recover damages for an intentional personal injury inflicted by her husband pending a divorce action.

The facts presented in chronological order are as follows:

On October 19, 1962, the defendant, Eugene Milton Toler, filed an action for divorce against his wife, Margaret Kathryn Toler. On December 3, 1962, after being duly summoned, Margaret entered her...

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