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JUSTUS v. JUSTUS

No. 46,404

208 Kan. 879 (1972)

495 P.2d 98

EUNICE JUSTUS, Appellee, v. W.W. JUSTUS, Appellant. District Court No. 7347 W.W. JUSTUS, Appellant, v. EUNICE JUSTUS, Appellee. District Court No. 7932

Supreme Court of Kansas.

Opinion filed March 4, 1972.

Attorney(s) appearing for the Case

John Q. Royce, of Hampton, Royce, Engleman and Nelson, of Salina, argued the cause and was on the brief for the appellant.

Kenneth Clark, of Hill City, argued the cause, and Allen Shelton, of Hill City was with him on the brief for the appellee.

The opinion of the court was delivered by

FROMME, J.:

Eunice Justus was granted a divorce from W.W. Justus on April 17, 1963. She was given custody of the couple's four children. An interest in certain real estate was set over to her by that decree. W.W. Justus was in default of appearance and pleading.

On May 8, 1963, the husband, W.W. Justus, filed a motion to set aside the decree and to obtain a rehearing. The motion was denied after full arguments...

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