Legal Opinion

Downing v. Downing

Court of Common Pleas of Ohio, Franklin County, Civil Division

Decided October 15, 1922Published

1Opinion of the CourtKinkead, J.

The foregoing cases have been submitted on the motion and demurrer docket. In all three cases a divorce was granted the wife, in each ease by reason of the aggression of the husband. An allowance of alimony was made in each case to the wife in a stated sum of money. In the Downing case the petition did not contain a prayer for alimony; the petition sought divorce only, the prayer being for such other relief as may be proper in equity.

Divorce and alimony is exclusively statutory, the court having no power in equity or chancery as these terms are known and understood in common law and equity…

2Cases cited16 opinions

  1. Varney v. JusticeCourt of Appeals of Kentucky · 1888
  2. McCreary v. SpeerCourt of Appeals of Kentucky · 1914
  3. Tarver v. Comm'rs' Ct.Supreme Court of Alabama · 1850
  4. Spencer's Appeal From Railroad CommissionersSupreme Court of Connecticut · 1905
  5. Koch & Dryfus v. BridgesMississippi Supreme Court · 1871

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