Owen v. Owen
Supreme Court of Kansas
Error from Bourbon District Court Defendant in error brought her action for a divorce, for the custody of the children, and for alimony.
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Error from Bourbon District Court Defendant in error brought her action for a divorce, for the custody of the children, and for alimony. She alleged that at their marriage her father had given her a claim upon 160 acres of land, and that with the proceeds of the sale of that claim, and their joint labor, they had acquired property to the amount of $22,000, which defendant held in his own name; that defendant had been guilty of cruel and inhuman treatment toward plaintiff, guilty of gross neglect of duty, and had committed adultery. Defendant answered, denying the cruel and inhuman…
1Opinion of the Court
*96The opinion of the court was delivered by
Brewer, J.:
Defendant in error sued plaintiff in error for a divorce. By consent all the issues of fact and law were referred. The report of the referee was in favor of plaintiff in error. The district court refused to confirm this report, and on motion of defendant in error set it aside. Plaintiff in error seeks a reversal of this order, and a confirmation of the report.
Of the power of the court to make such an order there can beQ no doubt. The referee is an officer of the court, is appointed Tby and derives his authority from the court. He acts under…
2Cases cited1 opinion
- Field v. KinnearSupreme Court of Kansas · 1869
3Cited by14 opinions
- State ex rel. Kimbrell v. People's Ice, Storage & Fuel Co.Supreme Court of Missouri · 1912
- Duncan v. McAlester-choctaw Coal Co.Supreme Court of Oklahoma · 1910
- Ten Cate v. SharpSupreme Court of Oklahoma · 1899
- James v. ColemanSupreme Court of Oklahoma · 1917
- Atyeo v. KelseySupreme Court of Kansas · 1874
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