Legal Opinion

Shallcross v. Shallcross

Court of Appeals of Kentucky

Decided November 19, 1909PublishedCited by 25 opinions

CASE 54. — ACTION BY SARAH SHELBY SHALLCROSS AGAINST HARRY M. SHALLCROSS. Appeal from Jefferson Circuit Court • (Chancery Branch, Second Division). Samuel B. Kirby, Judge. Prom an order modifying a divorce decree as to the custody of the children defendant appeals. THE LAW OF THE CASE. ACCESS TO CHILD BY PARENT DEPRIVED OF CUSTODY. 1. As to the right of a husband who drinks to excess, becoming quarrelsome and abusive at times, to see his children: Hoskins v. Hoskins, 28 Ky.

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CASE 54. — ACTION BY SARAH SHELBY SHALLCROSS AGAINST HARRY M. SHALLCROSS. Appeal from Jefferson Circuit Court • (Chancery Branch, Second Division). Samuel B. Kirby, Judge. Prom an order modifying a divorce decree as to the custody of the children defendant appeals. THE LAW OF THE CASE. ACCESS TO CHILD BY PARENT DEPRIVED OF CUSTODY. 1. As to the right of a husband who drinks to excess, becoming quarrelsome and abusive at times, to see his children: Hoskins v. Hoskins, 28 Ky. Law Rep., 435. 2. As to the right of a mother addicted to the use of opium and who is unfit to have the custody of the…

1Opinion of the Court

Opinion op the Court by

Judge Settle

Affirming.

On April 29, 1907, the appellee, Sarah Shelby Shall-cross, was, by a judgment of the Jefferson circuit court, chancery branch, second division, divorced from her husband, the appellant, Harry M. Shall-cross, and given the custody of their son and only child, Vernon Lewis Shallcross, an infant of tender years.

The judgment in question is as follows: “This action having been heard and submitted upon the plaintiff’s petition- and defendant’s answer herein and upon the proof, and the court being advised, it is adjudged that the plaintiff, Sarah Shelby…

2Cases cited1 opinion

  1. Adams v. AdamsCourt of Appeals of Kentucky · 1864

3Cited by25 opinions

  1. Cummins v. BirdCourt of Appeals of Kentucky (pre-1976) · 1929
  2. Renick v. RenickCourt of Appeals of Kentucky (pre-1976) · 1933
  3. Wills v. WillsCourt of Appeals of Kentucky · 1916
  4. Abell v. Second Judicial District CourtNevada Supreme Court · 1937
  5. Cullins v. WilliamsCourt of Appeals of Kentucky · 1913

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