Davis v. Davis
Court of Appeals of Kentucky
Case 6 — PETITION EQUITY APPEAL PROM BOYD CIRCUIT COURT. 1. If the husband, by his improper conduct towards his wife, drives her from his home, or by improper conduct or deportment renders his house unfit for her residence, and she thereupon removes and lives apart from him, the law will hold him bound to maintain her as his wife, notwithstanding her constrained separation/rom him.
Read the full summary
Case 6 — PETITION EQUITY APPEAL PROM BOYD CIRCUIT COURT. 1. If the husband, by his improper conduct towards his wife, drives her from his home, or by improper conduct or deportment renders his house unfit for her residence, and she thereupon removes and lives apart from him, the law will hold him bound to maintain her as his wife, notwithstanding her constrained separation/rom him. (Sebroek v. Schrock, 4 Bush, 684.) The court in this case should have required an issue upon the wife’s excuse for leaving her husband’s home. (4 Bush, 685; Cravens v. Cravens, 4 Bush, 435.) 2. The faets tend to…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellee, the husband, instituted this action against his wife, appellant, for judgment of divorce from the bonds of matrimony, upon the alleged ground that a few days more than one year previously she, without, any cause, wrongfully abandoned him, leaving his residence, and going to the State of Missouri, where she then resided.
At the first term of the court after the institution of the action appellant, though only constructively summoned, entered her appearance and filed an answer, denying she wrongfully or without cause abandoned the…
2Cases cited2 opinions
- Butler v. ButlerCourt of Appeals of Kentucky · 1823
- Hulett v. HulettCourt of Appeals of Kentucky · 1882
3Cited by19 opinions
- Wesley v. WesleyCourt of Appeals of Kentucky · 1918
- Lacey v. LaceyCourt of Appeals of Kentucky · 1893
- Hooe v. HooeCourt of Appeals of Kentucky · 1906
- Irwin v. IrwinCourt of Appeals of Kentucky · 1899
- Zumbiel v. ZumbielCourt of Appeals of Kentucky · 1902
14 more not listed; retrieve them via the Exa API.