Legal Opinion

Hulett v. Hulett

Court of Appeals of Kentucky

Decided September 19, 1882PublishedCited by 21 opinions

Case 69 — EQUITY APPEAL FROM LAWRENCE CIRCUIT, COURT. 1. There is no prescribed bar or limit to an action for alimony. The wife is not required by the Civil Code to reside one year in the county • where the suit is brought in order to obtain alimony. '2. Neither time nor residence is any ingredient in the case. (Civil Code, secs. 420, 424, subsecs. 1, 2, and 3.) •3. The court erred in refusing the amendment offered charging adultery.

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Case 69 — EQUITY APPEAL FROM LAWRENCE CIRCUIT, COURT. 1. There is no prescribed bar or limit to an action for alimony. The wife is not required by the Civil Code to reside one year in the county • where the suit is brought in order to obtain alimony. '2. Neither time nor residence is any ingredient in the case. (Civil Code, secs. 420, 424, subsecs. 1, 2, and 3.) •3. The court erred in refusing the amendment offered charging adultery. (Honoré v. Colmesnil, 1 J. J. Mar., 508; Code of Practice, chap. 8, • secs. 134, 135, 136; Kavanaugh v. Thacker, 2 Dana, 137; 4 lb., 25; Butler v. Butler, 4…

1Opinion of the Court

•JUDGE PRYOR

delivered the opinion of the court.

This action was instituted by the appellant and her prochein amy against her husband for a divorce a mensa et ithoro and for alimony.

During the progress of the trial an amended petition was ■offered asking a divorce a vinculo matrimonii. The offer to £le the amendment was refused, and the entire action disimissed on the. ground that, at the time of its institution, *365and from appellant’s own admission, she had-not been -a.continuous resident of the state for twelve months.

The statute provides “that no such action shall be brought by one who has not…

2Cases cited1 opinion

  1. Butler v. ButlerCourt of Appeals of Kentucky · 1823

3Cited by21 opinions

  1. Wesley v. WesleyCourt of Appeals of Kentucky · 1918
  2. Davis v. DavisCourt of Appeals of Kentucky · 1887
  3. Hardy v. HardyCalifornia Supreme Court · 1893
  4. Zumbiel v. ZumbielCourt of Appeals of Kentucky · 1902
  5. George v. GeorgeCourt of Appeals of Kentucky · 1921

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