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100 Kan. 139

Welling v. Welling

Supreme Court of Kansas

Decided March 10, 1917

Supreme Court of Kansas · decided 1917-03-10

<p>Appeal from Rooks district court; Charles I. Sparks, judge.</p>

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1917-03-10

How this case has been cited

Cited by 7 later decisions — most recently April 1943

7 state decisions

301917192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The opinion of the court was delivered by.

Burch, J.:

¶2This is an appeal from an order modifying .a judgment. On June 22, 1914, the district court rendered a judgment expressly stating that a sum of money to be paid to the plaintiff, together with an attorney fee to her attorneys, was “as and for alimony,” and that further alimony was denied. An appeal was taken to this court, and the effect of the quoted recital was considered in connection with an application for support and suit money. On January 14, 1915, the appeal was dismissed. At the September, 1915, term of the district court, and on December 15, 1915, the court, presided over by the successor to the judge who was in office when the judgment was rendered, struck from the judgment the quoted recital. This was done, not under any provision of the civil code, but in response to a simple motion to modify the judgment.

¶3It was a judicial question, in June, 1914, whether or not the sum stated to be “as and for alimony” was one which could be so appropriated, precisely as the same subject was a judicial question in December, 1915. If the court erred in its judgment in 1914, the remedy was by appeal prosecuted to effect in this court, and not by an appeal to the same *140court.. After lapse of the term, and after lapse of a year and a half, the district court lacked authority to rectify the decree.

¶4The judgment of the district court is reversed, and the cause is remanded with direction to reinstate the original judgment.

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