Irwin v. Irwin
Court of Appeals of Kentucky
Case 79 — DIVORCE AND ALIMONY 1. A judgment granting a divorce is not appealable. Ky. Stats., sec. 950; Whitney v. Whitney, 7 Bush, 520; Evans v. Evans, 93 Ky., 510; Brown v. Brown, 16 Ky. Law Rep., 317; Morrison v. Morrison, 10 Ky.
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Case 79 — DIVORCE AND ALIMONY 1. A judgment granting a divorce is not appealable. Ky. Stats., sec. 950; Whitney v. Whitney, 7 Bush, 520; Evans v. Evans, 93 Ky., 510; Brown v. Brown, 16 Ky. Law Rep., 317; Morrison v. Morrison, 10 Ky. Law Rep., 683. 2. This- court will not reverse a judgment refusing the husband a divorce on his counter-claim when the judgment grants the wife a divorce on her petition, since the husband is by the judgment as effectually freed from the bonds of matrimony as if his prayer had been granted. Barret v. Barret, 11 Ky. Law Rep., 287; Ross v. Ross, 11 Ky. Law Rep.,…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of-the court.
TMs is the second appeal to this court from judgments of the chancellor herein. The opinion on the former appeal is reported in 96 Ky., 320 [28 S. W., 661, and 30 S. W., 117].
By agreement between the parties, the evidence read upon the trial of the former action was considered on the trial in which the judgment appealed from was rendered. The record of that proceeding shows that appellant left her husband’s house on July 10, 1892, in company with her brother, Creed Brown, taking with her her two infant children, and that soon thereafter she…
2Cases cited15 opinions
- Evans v. EvansCourt of Appeals of Kentucky · 1892
- Davis v. DavisCourt of Appeals of Kentucky · 1887
- Lacey v. LaceyCourt of Appeals of Kentucky · 1893
- Beall v. BeallCourt of Appeals of Kentucky · 1883
- Long v. HughesCourt of Appeals of Kentucky · 1864
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Rallihan v. MotschmannCourt of Appeals of Kentucky · 1918
- Conlan v. ConlanCourt of Appeals of Kentucky (pre-1976) · 1956
- Skidmore v. SkidmoreCourt of Appeals of Kentucky (pre-1976) · 1935
- Boreing v. BoreingCourt of Appeals of Kentucky · 1903
- Strangway v. AllenCourt of Appeals of Kentucky · 1922
11 more not listed; retrieve them via the Exa API.