Cadden v. Smith

DUNCAN, Justice.

This original action seeks a writ of mandamus to require the respondent, Judge of the Jefferson Circuit Court, Chancery-Branch, First Division, to enter an order requiring the payment to petitioner of alimony, pending an appeal to this Court from an order of the lower court denying divorce and alimony. The writ will not lie for two reasons.

We have many times written that our power to control the action of inferior jurisdictions under Section 110 of the Kentucky Constitution is limited to cases in which the inferior court is acting without jurisdiction, or is acting erroneously…