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BURCHETT v. BURCHETT

Nos. KCD 29509, 29526.

572 S.W.2d 494 (1978)

Leeta Ruth BURCHETT (Huisenga), Appellant-Respondent, v. Billie Gene BURCHETT, Respondent-Appellant. Billie Gene BURCHETT, Respondent-Appellant, v. Leeta Ruth BURCHETT (Huisenga), Appellant-Respondent.

Missouri Court of Appeals, Kansas City District.

October 2, 1978.

Attorney(s) appearing for the Case

Alvin D. Shapiro, Stinson, Mag, Thomson, McEvers & Fizzell, Kansas City, for respondent-appellant.

Jack A. Lewis, Chancellor & Lewis, North Kansas City, for appellant-respondent.

Before SHANGLER, P. J., and SWOFFORD, C. J., and WASSERSTROM, J.

SHANGLER, Presiding Judge.

These appeals are from a judgment which vacated a prior default judgment to modify a custody award. The order of modification rested on service by publication which issued on the affidavit of the husband that the wife was not amenable to personal service within the state because she had absented herself from her usual place of abode and her address was otherwise unknown to him. The judgment by default was vacated on the motion of the wife...

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