Whitaker v. Bradley

BIRD, Chief Justice.

This action originated in the Court of Appeals.

William Gilbert Whitaker seeks to prohibit the trial of a divorce action in the Fayette Circuit Court. He contends that venue is properly in the Madison Circuit Court and that the Fayette Circuit Court is therefore without jurisdiction. KRS 452.470 provides that an action for divorce or alimony must be brought in the county where the wife usually resides. The petitioner contends that his wife filed her action in the Fayette Circuit Court at a time when she was still residing with him at the place of his residence in Madison…