Rogers v. Rogers
Ohio Supreme Court
Error to the Circuit Court of Franklin county. At the January term 1889, of the court of common pleas of Franklin county, in an action therein pending wherein Anna Rogers (defendant in error) was plaintiff and John Rogers (plaintiff in error) was defendant, a decree was rendered granting divorce to plaintiff on account of the aggression of the defendant, and adjudging to her, as alimony, certain real estate therein described.
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Error to the Circuit Court of Franklin county. At the January term 1889, of the court of common pleas of Franklin county, in an action therein pending wherein Anna Rogers (defendant in error) was plaintiff and John Rogers (plaintiff in error) was defendant, a decree was rendered granting divorce to plaintiff on account of the aggression of the defendant, and adjudging to her, as alimony, certain real estate therein described. The decree gave the custody of five of-the children of the parties to the defendant, and of the youngest child to the plaintiff, and further provided that the…
1Opinion of the CourtSpear, J.
1. It is contended that it was error for the common pleas to entertain the motion to modify the order as to the custody of the children at a subsequent term, because the order made at the time the divorce was granted was a final order, and a change of it could be effected only by the filing of a petition under the chapter relating to the modification of decrees by petition.
The authority of the court over the matter of custody of minor children of parties to divorce proceedings is probably inherent, but, it is in terms given by the divorce statute, section 5696, where it is provided that “the…
2Cases cited2 opinions
- Lessee of Barton v. Heirs of MorrisOhio Supreme Court · 1846
- Ryce v. RyceIndiana Supreme Court · 1875