Legal Opinion

Sebastian v. Rose

Court of Appeals of Kentucky

Decided November 12, 1909PublishedCited by 25 opinions

CASE 26. — MOTION BY DAISY D. SEBASTIAN AGAINST W. G. ROSE TO SHOW CAUSE WHY HE SHOULD NOT BE PUNISHED FOR CONTEMPT FOR FAILING TO PAY ALIMONY ADJUDGED TO HER IN A DIVORCE ACTION. Appeal from Owsley Circuit Court. L. D. Lewis, Circuit Judge. From a judgment denying the motion plaintiff appeals. POINTS AND AUTHORITIES. 1. Judgment for alimony may be enforced by Rule and Attachment. 18 Ky. Law Rep. 941, Evans v. Stewart, &c.; 99 Ky.

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CASE 26. — MOTION BY DAISY D. SEBASTIAN AGAINST W. G. ROSE TO SHOW CAUSE WHY HE SHOULD NOT BE PUNISHED FOR CONTEMPT FOR FAILING TO PAY ALIMONY ADJUDGED TO HER IN A DIVORCE ACTION. Appeal from Owsley Circuit Court. L. D. Lewis, Circuit Judge. From a judgment denying the motion plaintiff appeals. POINTS AND AUTHORITIES. 1. Judgment for alimony may be enforced by Rule and Attachment. 18 Ky. Law Rep. 941, Evans v. Stewart, &c.; 99 Ky. Rep. 31, Tyler v. Tyler 2. The acts or statements of a person are not competent evidence against another in the absence of evidence showing that the one making them…

1Opinion of the Court

Opinion op the Court by

Judge O’Rear

Reversing.

Appellant and appellee were married June 13, 1901. Appéllee was then a young man about 25 years old. His wife was a year or two younger Appellee’s father was a man of wealth, and had considerable business interests. Appellee was a partner in some of his enterprises, was industrious, a good *200business man of sound judgment, and successful; but he had contracted the habit of inebriacy. Upon his marriage he took his bride to his father’s dwelling to reside. A month later he abandoned her, leaving her without means of support. She was compelled to return…

2Cases cited5 opinions

  1. Muir v. MuirCourt of Appeals of Kentucky · 1906
  2. Tyler v. TylerCourt of Appeals of Kentucky · 1896
  3. Rebhan v. FuhrmanCourt of Appeals of Kentucky · 1899
  4. Logan v. LoganCourt of Appeals of Kentucky · 1841
  5. McCracken v. McCrackenCourt of Appeals of Kentucky · 1901

3Cited by25 opinions

  1. Rudd v. RuddCourt of Appeals of Kentucky · 1919
  2. Roper v. RoperCourt of Appeals of Kentucky (pre-1976) · 1932
  3. H. A. Keach v. Roberta KeachCourt of Appeals of Kentucky (pre-1976) · 1927
  4. Shehan v. ShehanCourt of Appeals of Kentucky · 1913
  5. Renick v. RenickCourt of Appeals of Kentucky (pre-1976) · 1933

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