Lochnane v. Lochnane
Court of Appeals of Kentucky
Case 93 — EQUITY'— 1. The petition on its face shows that the court had no jurisdiction of the case. (Civil Code, secs. ‘¡6, 422.) -.2. There was no notice of the application for an allowance. (Morehead & Brown's Stat., 127 ; Whitesell v. Whitesell, 8 B. Mon., 50 ; Cravens v. Cravens, 4 Bush, 435 ; 1 Duv., 196.) 1. The Garrard court of common pleas had no jurisdiction to make the order of allowance to appellee.
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Case 93 — EQUITY'— 1. The petition on its face shows that the court had no jurisdiction of the case. (Civil Code, secs. ‘¡6, 422.) -.2. There was no notice of the application for an allowance. (Morehead & Brown's Stat., 127 ; Whitesell v. Whitesell, 8 B. Mon., 50 ; Cravens v. Cravens, 4 Bush, 435 ; 1 Duv., 196.) 1. The Garrard court of common pleas had no jurisdiction to make the order of allowance to appellee. (Gen. Stat., chap. 5Z) art- 3> sec-lb., sec. 4.) 2. No notice was given of the application. I. 'No notice of the application for maintenance pending the suit for ■divorce was…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
That an appeal may be taken from a decree making an-allowance to support the wife pending a suit for divorce-cannot be questioned. It possesses all the essential elements of a final judgment. It may be enforced by rule or. execution, and is in every respect independent of the final determination of the court as to the rights of the party in regard to the question of divorce.
The allegation in the petition that the plaintiff “now resides, and for some while has resided in this, Garrard, county,” Is prima facie equivalent to the expression “usually…
2Cited by10 opinions
- Hiss v. HissSupreme Court of Connecticut · 1949
- Brandenburg v. BrandenburgCourt of Appeals of Kentucky (pre-1976) · 1932
- State ex rel. Surry v. Superior CourtWashington Supreme Court · 1913
- Van Horn v. Van HornWashington Supreme Court · 1908
- Ahrens v. AhrensCourt of Appeals of Kentucky (pre-1976) · 1945
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