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SMITH v. SMITH

No. 38,349

171 Kan. 619 (1951)

237 P.2d 213

BETTY ANN SMITH, Appellant, v. RAY LEIGH SMITH, Appellee.

Supreme Court of Kansas.

Opinion filed November 10, 1951.

Attorney(s) appearing for the Case

Douglas Hudson, of Fort Scott, argued the cause, and L.J. Bond and Robert M. Bond, both of El Dorado, were with him on the briefs for the appellant.

J.B. McKay, of El Dorado, argued the cause, and James B. McKay, Jr., of El Dorado, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PRICE, J.:

The primary question in this case concerns the power of the lower court, under the circumstances hereinafter detailed, to make an order changing the custody of a minor child.

The parties, who will be referred to as in the court below, were residents of Butler County. In September, 1949, plaintiff wife filed an action for divorce in that county on the ground...

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