Steele v. Steele
Court of Appeals of Kentucky
Case 61 — PETITION EQUITY — APPEAL PBOM LAUREL CIRCUIT COURT. 1. The allowance should have been based upon appellant’s present condition, and it is excessive. 2. The appellee was clearly entitled to no relief, and the appellant should have been granted a divorce. A condonation must be with knowledge of the guilt, and must be given without misrepresentation. The knowledge of the guilt must be distinctly proved.
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Case 61 — PETITION EQUITY — APPEAL PBOM LAUREL CIRCUIT COURT. 1. The allowance should have been based upon appellant’s present condition, and it is excessive. 2. The appellee was clearly entitled to no relief, and the appellant should have been granted a divorce. A condonation must be with knowledge of the guilt, and must be given without misrepresentation. The knowledge of the guilt must be distinctly proved. (Brown on Alimony and Divorce, pp. 31-2.) 1. “ Cohabitation of man and wife after a knowledge of adultery or lewdness complained of shall take away the right of divorce therefor.” (Gen.…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion op the court.
Nannie Steele brought this action against her hus*383band, Craig Steele, for alimony for herself and infant child, upon the ground of abandonment and refusal to support them.
His answer was' made a counter-claim, in which he-prayed for absolute divorce because, as alleged, their marriage was brought about by fraud of plaintiff and her friends, she being at the time without defendant’s knowledge pregnant by another man.
The lower court rendered judgment dismissing his counter-claim, and for five hundred dollars in her favor for alimony.
The evidence shows…
2Cited by10 opinions
- Wesley v. WesleyCourt of Appeals of Kentucky · 1918
- Gard v. GardMichigan Supreme Court · 1918
- Campbell v. CampbellCourt of Appeals of Kentucky · 1903
- Moore v. MooreCourt of Appeals of Kentucky (pre-1976) · 1929
- Hill v. HillCourt of Appeals of Kentucky (pre-1976) · 1931
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