Legal Opinion

Johnson v. Johnson

Court of Appeals of Kentucky

Decided January 3, 1877PublishedCited by 19 opinions

Case 1 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. S. 4, A. 3, C. 52, G. S., provides “that an action for divorce must be brought in the county where the wife usually resides, if she has an actual residence in the state,” etc. 2. That in this case the residence of the husband was the residence of the wife at the time of the institution of this action (Allen v. Allen, MS. Opinion, Sept. 25, 1867), and that this question must be tried as of that date. 3. If the…

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Case 1 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. S. 4, A. 3, C. 52, G. S., provides “that an action for divorce must be brought in the county where the wife usually resides, if she has an actual residence in the state,” etc. 2. That in this case the residence of the husband was the residence of the wife at the time of the institution of this action (Allen v. Allen, MS. Opinion, Sept. 25, 1867), and that this question must be tried as of that date. 3. If the statute required the action to be brought in the county where the wife was staying at the time of the institution of…

1Opinion of the Court

JUDGE COFER

delivered the opinion or the court.

The appellant left the home of her husband, the appellee, in Jefferson County, and went to the house of her father in Bullitt County, September 28, 1875, and has remained there ever since. October 1st of the same year she brought this suit in the Louisville Chancery Court for a divorce a vinculo matrimonii.

*487The appellee appeared and answered, proof was taken, and without any formal objection, by demurrer, answer, or otherwise, to the jurisdiction of the court, the chancellor, doubting his jurisdiction, followed a precedent of one of his…

2Cases cited1 opinion

  1. Maguire v. MaguireCourt of Appeals of Kentucky · 1838

3Cited by19 opinions

  1. Logsdon v. LogsdonCourt of Appeals of Kentucky · 1924
  2. Anderson v. BlakeslySupreme Court of Iowa · 1912
  3. Gillen v. Ill. Cent. Ry Co.Court of Appeals of Kentucky · 1910
  4. Tudor v. TudorCourt of Appeals of Kentucky · 1897
  5. Williamson v. WilliamsonCourt of Appeals of Kentucky · 1919

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