Legal Opinion

Stibbins v. Stibbins

Court of Appeals of Kentucky

Decided December 29, 1858PublishedCited by 7 opinions

CASE 23 — PETITION EQUITY APPEAL FROM BULLITT CIRCUIT COURT. The facts sufficiently appear in the opinion of the court. Abandonment for one year, as a ground of divorce, can be proved by one credible witness, as well as any other fact. The ground of adultery is an exception to the rule. (Revised Statutes, p. 391.)

1Opinion of the Court

JUDGE WOOD

DELIVERED THE OPINION OE THE COURT:

The allegations of the petition make a clear case for a divorce under the third article of the forty-seventh chapter of the Revised Statutes.

The defendant was summoned and failed to answer.

The allegations of the petition were proved by the testimony of one witness, who stated distinctly and positively the existence of the ground relied upon for a divorce.

The circuit court denied the relief sought and dismissed the plaintiff’s petition, upon the ground that “sound public policy forbids the conclusion, that the testimony of a single witness shall, in…

2Cited by7 opinions

  1. Steen v. NortonWisconsin Supreme Court · 1878
  2. Marston v. CarterSuperior Court of New Hampshire · 1841
  3. Cross v. Brown, Steese & ClarkeSupreme Court of Rhode Island · 1895
  4. Jones v. JonesCourt of Appeals of Kentucky · 1952
  5. Alexander v. CrittendenMassachusetts Supreme Judicial Court · 1862

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