Messick v. Messick

Opinion op the Court

by William Rogers Clay,

Commissioner — Affirming.

In this suit for divorce by Maggie Messick against Bascom Messick, a demurrer was-sustained to the petition and the petition dismissed. Plaintiff appeals.

One of the statutory grounds for divorce is “living apart without any cohabitation for five consecutive years next before the application.” Subsection 2, section 2117, Kentucky Statutes. It appears from the petition that the plaintiff and defendant were married on December 26, 1894, and thereafter lived together as man and wife until December 13, 1910, when the defendant was…