Shepherd v. Mann

PALMORE, Chief Justice.

Ballard Shepherd seeks an order prohibiting the respondent, as judge of the Ma-goffin Circuit Court, from proceeding with a divorce action brought by Shepherd’s wife, Ruie Mae Shepherd.

The basis on which relief is claimed is that Magoffin County was not the place of Ruie Mae’s usual residence, as required by KRS 452.470. “Uniformly . . . this court has exercised its discretionary powers under Constitution § 110 to consider the merits of venue questions in divorce actions.” Burke v. Tartar, Ky., 350 S.W.2d 146, 148 (1961).

According to the pleadings and exhibits the facts…