Tudor v. Tudor
Court of Appeals of Kentucky
Case 79 — PETITION EQUITY 1. An allegation in a petition of divorce that the plaintiff now resides, and for some time has resided in the county where the suit is filed, is pinma facie equivalent to the expression “usually resides,” contained in section 76, of the Code.
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Case 79 — PETITION EQUITY 1. An allegation in a petition of divorce that the plaintiff now resides, and for some time has resided in the county where the suit is filed, is pinma facie equivalent to the expression “usually resides,” contained in section 76, of the Code. Lochnane v. Lochnane, 78 Ky., 467. 2. In all actions for divorce in which the defendant is actually summoned or appears and fails to object to the jurisdiction by demurrer or answer, all objection to the jurisdiction of the particular court is waived, if that court be one that has jurisdiction to grant the divorce.
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
Appellant instituted this action in the Fayette Circuit Court against the appellee to obtain a divorce, the grounds being lewd and lascivious conduct on the part of appellee.
It is alleged in the petition that appellant then and for more than one year last past had been a resident of Fayette county, Ky., and that the defendant then resided and for some while had resided in Fayette county: It also appears that the summons was directed to the sheriff of Fayette county, issued against the defendant, and executed in Fayette county, October 2á, 1S95. No…
2Cases cited1 opinion
- Johnson v. JohnsonCourt of Appeals of Kentucky · 1877
3Cited by14 opinions
- Crescent Grocery Co. v. VickCourt of Appeals of Kentucky · 1922
- Brown v. BrownTennessee Supreme Court · 1927
- St. John v. St. JohnCourt of Appeals of Kentucky (pre-1976) · 1942
- Gillen v. Ill. Cent. Ry Co.Court of Appeals of Kentucky · 1910
- Williamson v. WilliamsonCourt of Appeals of Kentucky · 1919
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