Smith v. Smith

Opinion of the Court by

Judge Thomas

Reversing.

The appellee and plaintiff below, W. H. H. Smith, brought this suit in the Harlan circuit court against his wife, the defendant and appellant here, Sarah Smith, seeking a divorce from the bonds of matrimony upon the ground that she had been guilty of adultery with J. E. Kirby, Edgar Thomas, J. H. Smith, “and others, whose names are now unknown to the plaintiff.” He charged that because- of the defendant’s unchastity she was an unfit person to have the custody of their children, whose names and ages are Matilda Smith, aged nineteen years; Laura…