Legal Opinion

Zumbiel v. Zumbiel

Court of Appeals of Kentucky

Decided September 18, 1902PublishedCited by 16 opinions

Case 102 — -Action for a Divorce. APPEAL FROM KENTON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. This is an action for divorce from bed and board, for the custody of the children and for alimony. The ground for separation is such cruel and inhuman treatment for not less than six months as indicates in appellee a settled aversion to appellant without fault on her part. The parties have four bhildren, the youngest, one year old.

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Case 102 — -Action for a Divorce. APPEAL FROM KENTON CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. This is an action for divorce from bed and board, for the custody of the children and for alimony. The ground for separation is such cruel and inhuman treatment for not less than six months as indicates in appellee a settled aversion to appellant without fault on her part. The parties have four bhildren, the youngest, one year old. It is alleged and shown that the husband is not a fit person to have the custody of the children. The evidence shows appellant to be a good, loving…

1Opinion of the Court

Opinion of the court by

JUDGE O’REAR

Reversing.

This action for divorce a mensa et tlioro and for the custody of their children was instituted by the wife, appellant. *844on the ground that her husband had so habitually behaved toward her, for uot less than six months, in such cruel and inhuman manner as to indicate a settled aversion to her. or to destroy permanently her peace and happiness. The circuit court denied her any relief, and she has appealed.

•Section 2121. Kentucky Statutes, enumerating causes for divorce from bed and board, provides: “Judgment for separation or divorce from bed and…

2Cases cited5 opinions

  1. Hulett v. HulettCourt of Appeals of Kentucky · 1882
  2. Davis v. DavisCourt of Appeals of Kentucky · 1887
  3. Beall v. BeallCourt of Appeals of Kentucky · 1883
  4. Commonwealth v. SchwartzCourt of Appeals of Kentucky · 1892
  5. Shrock v. ShrockCourt of Appeals of Kentucky · 1868

3Cited by16 opinions

  1. Kelly v. KellyCourt of Appeals of Kentucky · 1919
  2. Green v. GreenCourt of Appeals of Kentucky · 1913
  3. McClintock v. McClintockCourt of Appeals of Kentucky · 1912
  4. Burns v. BurnsCourt of Appeals of Kentucky · 1917
  5. Simpson v. SimpsonCourt of Appeals of Kentucky · 1923

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