Carr's Adm'r v. Carr
Court of Appeals of Kentucky
Case 101 — PETITION EQUITY APPEAL FROM TRIGG CIRCUIT COURT. The unintentional omission to give the post-office address of appellee in. the affidavit for the warning order against her in the suit for divorce-did not render the proceedings void, that requirement of the Code-being merely directory.
Read the full summary
Case 101 — PETITION EQUITY APPEAL FROM TRIGG CIRCUIT COURT. The unintentional omission to give the post-office address of appellee in. the affidavit for the warning order against her in the suit for divorce-did not render the proceedings void, that requirement of the Code-being merely directory. But even if the warning order was void, it, being conclusively shown that appellee left her husband without any cause and thus divested herself of her marital rights, she will not now be heard to complain in a court of equity. (Civil Code, sec. 58;. Hawkins v. Ragsdale, 80 Ky., 353; Speak v.…
1Opinion of the CourtChief Justice Holt
November 12,1888, J. M. Carr, living in Trigg county, sued Ms wife,' the appellee, Rhoda J. Carr, then living but two or three miles from him, but in the State of Tennessee, in the circuit court of his county for a divorce upon the ground of abandonment without cause.
Being a non-resident a warning order was made against her to appear at the next term of the court, beginning more than sixty days thereafter, to-wit: on February 11, 1889, and an attorney was appointed to defend for her. lie filed a report, and the evidence for the plaintiff having been taken the cause was submitted on February…
2Cases cited1 opinion
- Newcomb's Executors v. NewcombCourt of Appeals of Kentucky · 1877
3Cited by8 opinions
- Baker v. Baker, Eccles & Co.Court of Appeals of Kentucky · 1915
- Morehouse v. MorehouseCourt of Appeals of Texas · 1937
- Ramsey's v. RamseyCourt of Appeals of Kentucky (pre-1976) · 1930
- Jones v. ParkSupreme Court of Missouri · 1920
- Jones v. PattersonSupreme Court of Missouri · 1925
3 more not listed; retrieve them via the Exa API.