Supreme Court of Oklahoma December 12, 1939, No. 28961. (Kunc v. Kunc)

RILEY, J.

This is an appeal from an order sustaining a demurrer to the petition of plaintiff in error, herein referred to as plaintiff, and (upon the election of plaintiff to stand thereon) dismissing plaintiff’s petition.

Prior to November 29, 1935, plaintiff and defendant were husband and wife. Of said marriage, one child, Eugene Kunc, was born, who was on that date about eight years of age.