Franck v. Franck
Court of Appeals of Kentucky
Case 83 — ACTION TO ENFORCE JUDGMENT FOR ALIMONY APPEAL FROM JEFFERSON CIRCUIT OOURT, LAW AND EQUITY DIVISION. 1. The judgment of 1879 for -alimony is a continuing judgment and the statute of limitation of this State can not apply. 2 Am. &'Eng.
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Case 83 — ACTION TO ENFORCE JUDGMENT FOR ALIMONY APPEAL FROM JEFFERSON CIRCUIT OOURT, LAW AND EQUITY DIVISION. 1. The judgment of 1879 for -alimony is a continuing judgment and the statute of limitation of this State can not apply. 2 Am. &'Eng. Ency. of Law, 140; Kniapp v. Knapp, 134 Mass., 353; Allen v. Allen, 100 Mass., 373; Wren v. M-oss, 6 111., 560; Sloan v. Cox, 4 Hayes, 75; Smith v. Smith, 1 Root, 349;'Dinet v. Egeninan, 80 111., 274; Williams v. Williams, 96 Ky., 397. 2. A decree for divorce does not affect a judgment for alimony; an action for alimony can be joined with a divorce or…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oe the court.
On the 15th day of May, 1879, the following judgment was rendered in the Louisville Chancery Court in a proceeding by appellant against appellee for alimony;
“It is further ordered and considered by the court that the defendant, John L. Franck, pay unto the plaintiff, Kate Franck, the sum of $15 on the 8th day of June, 1879, and a like sum of $15 on the 8th day of every month from and after the 8th day of June, 1879, until the further order of this court. The said sum of $15 is hereby allowed plaintiff for her support and maintenance, to be paid…
2Cases cited3 opinions
- Stillman v. StillmanIllinois Supreme Court · 1881
- Peynado's Devisees v. Peynado'sCourt of Appeals of Kentucky · 1884
- Ressor v. RessorIllinois Supreme Court · 1876
3Cited by23 opinions
- Roper v. RoperCourt of Appeals of Kentucky (pre-1976) · 1932
- Morgan v. MorganSupreme Court of Alabama · 1924
- Illinois Central Ry. Co. v. ColeyCourt of Appeals of Kentucky · 1905
- Renick v. RenickCourt of Appeals of Kentucky (pre-1976) · 1933
- Boehmer v. BoehmerCourt of Appeals of Kentucky (pre-1976) · 1935
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