Eby v. Eby

IRWIN, Justice.

This is an action to modify that portion of a decree of divorce awarding the care, custody, control and education of a minor child to the husband.

The original divorce proceeding was commenced by the husband. He alleged incompatibility and the birth of the child and prayed for an absolute divorce, custody of the child, and an equitable division of the property. A contract for a property settlement was entered into and filed and the wife signed a waiver of the issuance and service of summons. On November IS, 1957, the trial court approved the property settlement, awarded the care…