Jeffers v. Jeffers

The opinion of the court was delivered by This is an appeal from a judgment rendered by the district
court of Neosho County granting plaintiff appellee separate
maintenance and alimony in the sum of $27,000 payable at $100 per
month; possession of the parties' household goods; custody of
their two minor children, with visitation rights to the defendant
appellant; child support money in the sum of $50 per month during
the minority of the minor children or until they become
self-supporting; and, fees for plaintiff's attorney. Dissatisfied
with that judgment, the defendant brings the case here for
review. On March 17, 1956, plaintiff filed the instant action in the
district court of Neosho County but no praecipe for summons was
filed and no attempt was made to procure service upon the
defendant until May 2, 1956, when he was personally served with
summons in Iola, Allen County. On April 16, 1956, and prior to
the issuance of summons in plaintiff's separate maintenance
action, defendant commenced an action in the district court of
Allen County for divorce from the plaintiff, for custody of their
minor children, and for a division of the property of the
parties. Personal service of summons was had upon the plaintiff
the same day in Chanute, Neosho County; however, no order was
made for temporary alimony, or support or suit money for the
wife, or for the custody, control and support of the minor
children during the pendency of that action. When the separate
maintenance action was tried in the district court of Neosho
[181 Kan. 517]