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PERRY v. PERRY

No. 51,090

5 Kan. App. 2d 636 (1981)

623 P.2d 513

CLYDE McAVOY PERRY, Appellee, v. NORMA JEAN PERRY, Appellant.

Court of Appeals of Kansas.

Opinion filed January 23, 1981.

Attorney(s) appearing for the Case

James F. Richey, of Wichita, for the appellant.

William Cather, of Wichita, for the appellee.

Before FOTH, C.J., MEYER, J., and HARRY G. MILLER, District Judge Retired, sitting by designation.

FOTH, C.J.:

Plaintiff husband was granted a default divorce in November, 1978. The defendant wife had been personally served in Virginia in July, 1978, but never appeared in the Kansas action. The decree included provisions for child custody, child support, property division, and alimony. In January, 1979, the wife filed a motion under K.S.A. 60-260(b) to set aside the judgment on two grounds: (1) the plaintiff...

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