marriage, and awarding the wife a judg ment against the husband for $ in full

of all her claims upon him or his property by reason of their former marriage relations, it seems that the courts have no jurisdiction to vacate or modify such a judgment, after the term at which rendered, solely because of a change in the circumstances, financial or otherwise, of either of the parties thereto. Beard v. Beard, 57 Neb. 754 (78 N. W. 255).

193. (1899.) If, by reason of a change in the circumstances or conditions of either or both the parties, the courts have jurisdiction to vacate or modify a judgment awarding the wife a certain sum in full of all her claims against the husband, after term, the fact that the property of the husband has depreciated in value, because of drouths and crop failures since the entry of the judgment, is not sufficient to support a decree modifying or vacating such judgment. Beard v. Beard, 57 Neb. 754 (78 N. W. 255).

194. (1906.) Where a husband seeming a divorce fails to prove any alleged infidelity on the part of his wife, and a decree is rendered, requiring him to pay a monthly sum to the wife and, also, to furnish electric light, he being employed by an electric light company, the latter part of the decree is modified upon the wife's removal from that town. Russell v. Russell, 77 Neb. 136 (108 N. W. 149).

195. (1906.) Under section 27, chapter 25, Compiled Statutes 1905, the district court has a continuing power, after a decree of divorce and alimony has been granted, to review and revise the provisions for alimony at its subsequent terms on petition of either of the parties. Cizek v. Cizek, 76 Neb. 797 (107 N. W. 1012).

196. (1906.) If the decree of the trial court awarding alimony in a divorce proceeding is void for want of jurisdiction, the court may at a subsequent term award suitable alimony upon application and a sufficient showing. Cizek v. Cizek, 76 Neb.

797 (107 N. W. 1012).

Enforcement of order or decree.

197. (1898.) A decree awarding permanent alimony is enforceable in the same manner as judgments at law. Leeder v. State, 55 Neb. 133 (75 N. W. 541).

198. (1888.) The provisions of section 4, chapter 25, Compiled Statutes, providing for

the payment of alimony, afford a just and reasonable remedy, and, except in extraor dinary cases, none other will be resorted to for the enforcement of judgments or orders in cases of alimony or maintenance. Segear v. Segear, 23 Neb. 306 (36 N. W. 536). Effect of obtaining release of decree by fraud.

199. (1892.) Where a divorced husband induced his former wife to again marry him and they go to Kansas where an alleged minister performs a marriage ceremony which is solemnized in the full belief of its validity by the persons so married, and the wife receipts for a judgment obtained for alimony in her divorce action, she cannot recover damages on the ground of fraud, but may recover the amount of the judgment for alimony. Haggin v. Haggin, 35 Neb. 375 (53 N. W. 209). Conclusiveness of adjudication.

200. (1899.) A judgment in divorce proceedings awarding the wife $5,000 in full of all her claims upon the husband or his property, is a judicial determination of the share of the husband's property to which the wife is entitled as permanent alimony, and is final and conclusive unless modified or vacated in a direct proceeding. Beard v. Beard, 57 Neb. 754 (78 N. W. 255).

Contempt for non-payment.

201 (1898.) Ordinarily the non-compliance with an order for payment of permanent alimony is not punishable as for contempt of court. Leeder v. State, 55 Neb. 133 (75 N. W. 541).

Award of alimony as bar to dower.

- 202. (1898.) A wife, by praying for a reasonable sum as permanent alimony, elects to take such sum in lieu of dower in her husband's lands. Walton v. Walton, 57 Neb. 102 (77 N. W. 392).

being

203. (1885.) Upon a divorce granted, a decree in favor of the wife for permanent alimony will bar her right to any further claims against the estate of the husband. Tatro v. Tatro, 18 Neb. 395 (25 N. W. 571; 54 Am. Rep. 820).

204. (1885.) Under section 23 of chapter 25, Compiled Statutes, entitled "Divorce and Alimony," a wife, upon obtaining a divorce for the cause of misconduct, etc., of the husband, is entitled to dower in his lands in the same manner as if he were dead. Tatro v. Tatro, 18 Neb. 395 (25 N. W. 571; 54 Am. Rep. 820).

Appeal.

205. (1885.) An order in an action for divorce awarding the wife alimony and suit money pendente lite to be paid by the hustand, cannot be taken by appeal or error to the supren.c court Lefore judgment or decree granting or denying a divorce. Aspinwall v. Aspinwal, 18 Neb. 463 (25 N. W. 623); Aspinwall v. Sabin, 22 Neb. 73 (34 N. W. 72; 3 Am. St. Rep. 72).

206. (1897.) An order made on application to modify a decree for permanent alimony is appealable. State, ex rel. Beard, v. Cook, 51 Neb. 822 (71 N. W. 733).

207. (1907.) The findings of a trial judge as respects the value of real property situated in localities with which he is familiar, and made, after hearing conflicting testimony of witnesses, and will not be disregarded upon appeal, unless it is made to appear that inferences from the evidence drawn by the supreme court are more likely to be correct than were his. King v. King, 79 Neb. 852 (113 N. W. 538).

Bond.

208. (1896.) Neither the district court nor the judge thereof has the power to fix the amount of the penalty of the bond to be given on appeal from a decree awarding alimony, since the amount is prescribed by statute. State, ex rel. Walton, v. Cornish, 48 Neb. 614 (67 N. W. 481).

209. (1896.) The penalty of a supersedeas bond for appeal from a decree awarding alimony must be double the amount of the decree, and the bond must be conditioned according to subdivision 1, section 677 of the code. State, ex rel. Walton, v. Cornish, 48 Neb. 614 (67 N. W. 481).

210. (1897.) Where an order on an application to modify a decree for permanent alimony directs the payment of money, whether it may be superseded is not a matter resting in the discretion of the district court. Such an order may be superseded as a matter of right, on the execution of a supersedeas bond as required by the first subdivision of section 677 of the code of civil procedure. State, ex rel. Beard, v. Cook, 51 Neb. 822 (71 N. W. 733).

VI. CUSTODY AND SUPPORT OF
CHILDREN.

In general.

211. (1890.) Where the evidence shows her to be the proper person, the custody of the children will be given to the mother. Small v. Small. 28 Neb. 843 (45 N. W. 248).

212. (1890.) Where a decree of divorce, obtained in a foreign state, contains no proVision for the custody of a minor child, and the mother who has the care of it removes to this state, in an action by the father to obtain possession of the child, the best interests of the child will control the court in the award; and on a showing that the father has no permanent home the child should be given to the mother. Giles r. Giles, 30 Neb. 624 (46 N. W. 916).

Modifying decree.

Of decree in general, see ante, §§ 104-113. 213. (1898.) When a decree of divorce has settled the custody of children in one of the parents, the court should not, in ha beas corpus proceedings, in effect give them into the custody of the other, by committing them to the care of strangers with whom that other makes his home. Norval v. Zinsmaster, 57 Neb. 158 (77 N. W. 373; 73 Am St. Rep. 500).

214. (1890.) The plaintiff obtained a decree of divorce on the grounds of numer ous acts of adultery committed by the wife. The children were awarded to the custody of their grandparents who reside in Colorado, and with whom the erring wife makes her home. Held, On the proof, that the de cree be modified by committing the children to the care of the father. Eckhard v. Eck hard, 29 Neb. 457 (45 N. W. 466).

215. (1906.) Where the circumstances require it, the court may at a subsequent term enter a supplemental decree with respect to the custody of the children, although the original decree contains no provision therefor. Chambers v. Chambers. 75 Neb. 850 (106 N. W. 993).

VII. OPERATION AND EFFECT OF DIVORCE.

Decree of divorce as bar to dower, see Dower, § 20-23.

Conclusiveness of foreign divorces.

216. (1886.) A divorce procured in Salt Lake City while neither of the parties were residents of that territory is null and void. Smith v. Smith, 19 Neb. 706 (28 N. W. 295),

217. (1901.) A decree of divorce obtained by a wife upon service by publication. without appearance of defendant, in a foreign state, is a bar to an action by her for alimony in this state. Eldred v. Eldred, 62 Neb. 613 (87 N. W. 340).

Effect of foreign decree on land in this state.

218. (1905.) A decree of divorce rendered in a sister state, and setting aside lands in this state to the wife, has no effect as to the title to such land. Fall v. Fall, 75 Neb. 120 (106 N. W. 412).

Right of husband in wife's property.

219. (1903.) After decree of divorce, the husband has no right of possession in the separate property of the wife, occupied as a homestead while the marriage relation subsisted. Cizek v. Cizek, 69 Neb. 797 (96 N. W. 657).

Husband, § 12.

Married women, §§ 13, 14.

Minors, §§ 15, 16.

Allegation of residence, § 17.

CROSS-REFERENCES.

See, also, Aliens; Citizens.

Of corporations, see Corporations.

Absence from, as grounds for attachment, see Attachment, §§ 26-30.

Of parties in divorce, see Divorce and Alimony, §§ 40-47.

Residence as affecting right to vote, see Elections, §§ 26-32.

Of testator as determining jurisdiction over estate, see Executors and Administrators, §§ 4-8.

Absence from, as tolling operation of statute of limitations, see Limitation of Actions, §§ 79-93.

What is usual place of, see Process.

As affecting place of taxation, see Taxation, §§ 150-152.

As venue of action, see Venue, II.

In general.

1. (1895.) The domicile of a defendant is that place where he has his fixed and permanent home, and to which, when absent, he has the intention of returning. Wood v. Roeder, 45 Neb. 311 (63 N. W. 853).

2. (1895.) The words "residence," and "usual place of residence," as employed in statutes, are generally synonymous with

the term "domicile." Wood v. Roeder, 45 Neb. 311 (63 N. W. 853).

3. (1896.) The question of residence is one of intention. Johnson v. May, 49 Neb. 601 (68 N. W. 1032).

4. (1898.) One's residence is where he has his established home, and to which, when absent, he intends to return. State, ex rel. Vale, v. School District, 55 Neb. 317 (75 N. W. 855).

What constitutes.

5. (1905.) A box-stall at a fair ground provided with inside fastenings to its doors, which is prepared and used by a man as his office and sleeping apartment, the place where he resides, he having no other place of abode, and which contains his clothing, his money, and all of his belongings, is in legal effect his home or domicile, within the rule that one may take life if necessary to repel an attack upon his domicile. Young v. State, 74 Neb. 346 (104 N. W. 867).

Change of domicile.

6. (1898.) To effect a change of domicile there must not only be a change of residence, but an intention to permanently abandon the former home. State, ex rel. Vale, v. School District, 55 Neb. 317 (75 N. W. 855).