Legal Opinion

Evans v. Evans

Court of Appeals of Kentucky

Decided November 26, 1892PublishedCited by 45 opinions

Case 93 — PETITION EQUITY APPEAL PROM ROCKCASTLE CIRCUIT COURT. 1. The contract with the wife relied upon by the husband is not void. Such contracts are valid where there has been a separation, or where an immediate separation is in contemplation, as was the case here.

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Case 93 — PETITION EQUITY APPEAL PROM ROCKCASTLE CIRCUIT COURT. 1. The contract with the wife relied upon by the husband is not void. Such contracts are valid where there has been a separation, or where an immediate separation is in contemplation, as was the case here. (Gaines v. Poore, 3 Met., 506; Loud v. Loud, 4 Bush, 460.) 2. The objection to the filing of the amended answer an.d counterclaim was in the nature of a demurrer, and it was not necessary to except to the order sustaining the objection. 3. Where a divorce is asked on the ground of adultery on the part of the defendant, the…

1Opinion of the CourtChief Justice Holt

This case presents a sad domestic history. The appellee, E. J. Evans, on June 25, 1889, sued her husband, the appellant A. H. Evans, for a divorce a mensa et thoro and alimony. They had lived together for nearly thirty years, and had a numerous family of children. The ground of action, as stated in the petition, is the abandonment by the husband of the wife, without fault on her part, for a year next before the bringing of the suit, and his living in adultery during that time with the appellant Lucinda Loving, who was also made a defendant, it being alleged that the husband had caused his…

2Cases cited4 opinions

  1. Humphrey v. HumphreySupreme Court of Connecticut · 1828
  2. Terrill v. JenningsCourt of Appeals of Kentucky · 1858
  3. Loud v. LoudCourt of Appeals of Kentucky · 1868
  4. Berdell v. BerdellIllinois Supreme Court · 1875

3Cited by45 opinions

  1. Edleson v. EdlesonCourt of Appeals of Kentucky · 1918
  2. Stratton v. WilsonCourt of Appeals of Kentucky · 1916
  3. Louisville & Nashville Railroad v. OwensCourt of Appeals of Kentucky · 1915
  4. Robinson v. Van HooserCourt of Appeals for the Sixth Circuit · 1912
  5. Fleegle v. FleegleCourt of Appeals of Maryland · 1920

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