Legal Opinion

Downs v. Downs Admr.

Court of Appeals of Kentucky

Decided October 4, 1906PublishedCited by 3 opinions

Case 53 — ACTION BY ALLIE DOWNS AGAINST THE ADMINISTRATOR OP .TOIiN DOWNS DECEASED FOR THE SETTLEMENT OF THE ESTATE AND TO SUBJECT IT TO THE SATISFACTION OF A JUDGMENT IN HER FAVOR AGAINST DECEASED. — Appeal from Henry Circuit Court. R. F. Peak, Circuit Judge. Judgment for Defendant. Plaintiff appeals. POINTS DISCUSSED. 1. Missouri judgment for alimony enforceable in this State.

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Case 53 — ACTION BY ALLIE DOWNS AGAINST THE ADMINISTRATOR OP .TOIiN DOWNS DECEASED FOR THE SETTLEMENT OF THE ESTATE AND TO SUBJECT IT TO THE SATISFACTION OF A JUDGMENT IN HER FAVOR AGAINST DECEASED. — Appeal from Henry Circuit Court. R. F. Peak, Circuit Judge. Judgment for Defendant. Plaintiff appeals. POINTS DISCUSSED. 1. Missouri judgment for alimony enforceable in this State. (Young’s Trustee v. Bullen, 19 Rep., 1561; Atherton v. Atherton, 181 U. S., 156; Lynde v. Lynde, 181 U. S., 181; Harding v. Harding, 198 U. S., 317; Arrington v. Arrington, 127 N. C., 195. 2. A Judgment for Alimony is…

1Opinion of the Court

Opinion by

Judge Barker

Affirming.

The appellant, Allie Downs, intermarried with John Downs in the State of Missouri in 1891. After their marriage they moved to the State of Indiana, where they lived for some time as man and wife, but where the appellant, owing, as she claims, to the brutal treatment, of her husband, left him and returned to her former home in Missouri, where she afterward instituted an action against him for divorce which was granted her, and in addition she was awarded a judgment against him for the sum of $1,500 as alimony. This judgment was obtained by constructive process.…

2Cases cited9 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Haddock v. HaddockSupreme Court of the United States · 1906
  3. Thompson v. WhitmanSupreme Court of the United States · 1874
  4. Atherton v. AthertonSupreme Court of the United States · 1901
  5. De la Montanya v. De la MontanyaCalifornia Supreme Court · 1896

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3Cited by3 opinions

  1. Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
  2. Combs v. CombsCourt of Appeals of Kentucky (pre-1976) · 1933
  3. Gayle v. GayleCourt of Appeals of Kentucky (pre-1976) · 1946

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