122 Kan. 515 | Kan. | 1927
The opinion of the court was delivered by
In an action by Cal D. Fusselman against Nellie May Fusselman, a decree of divorce was granted to the plaintiff on July 5, 1923. The matter of alimony or a division of property was not presented nor considered nor anything more than the dissolution of the marriage, except that defendant was restored to her
Apart from the fact that a division of property had been agreed upon by the parties and it had been given judicial approval, the defendant was not entitled to an adjudication of property rights after the decree of divorce had become a finality. When a divorce is granted a party asserting error may appeal, but notice of an intention to appeal must be given within ten days after the judgment is rendered, and a proceeding for modification or reversal must be commenced within four months from the date of the decree. This was not done, and the decree became a final adjudication not only on the dissolution of the marriage relation but also of any right which by the marriage, either had acquired in the property of the other. It has been decided:
“When parties have been divorced by a court having jurisdiction, and no proceedings have been taken to vacate or modify the decree by appeal until the statutory time therefor has expired, all the rights which either had to the property of the other by reason of the marriage relation, will be extinguished by such decree.” (Roberts v. Fagan, 76 Kan. 536, 92 Pac. 559. See, also, Roe v. Roe, 52 Kan. 724, 35 Pac. 808; McCormick v. McCormick, 82 Kan. 31, 107 Pac. 546; Pinkerton v. Pinkerton, 122 Kan. 131, 251 Pac. 416, and cases therein cited.)
Under the authorities her rights for a division of property, whatever that may have been, were extinguished by the judgment, from which no appeal had been taken within the time allowed by the statute. There was no error in refusing to modify that judgment.
The judgment is affirmed.