Fite v. Fite
Court of Appeals of Kentucky
Case 22 — Proceeding on Rule fob Failing to Pat Alimony Previously Adjudged — APPEAL from bracken circuit court. Judgment Discharging Rule and Plaintiff Appeals. 'QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. Alimony is a duty, not a debt founded on contract or judgment, and whether accrued or accruing, decreed as a lump sum, or installments, is not a claim provable in bankruptcy.
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Case 22 — Proceeding on Rule fob Failing to Pat Alimony Previously Adjudged — APPEAL from bracken circuit court. Judgment Discharging Rule and Plaintiff Appeals. 'QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. Alimony is a duty, not a debt founded on contract or judgment, and whether accrued or accruing, decreed as a lump sum, or installments, is not a claim provable in bankruptcy. Sec. 63 a, 1, b, 1898 Bankruptcy Act; Loveland’s Law & Proceedings in Bankruptcy, p. 218, see. 110; 94 Fed. Rep., 119 In re Houston; 99 Ky., 33 and 34, Tyler v. Tyler; 49 La. Ann. 1503 (22 So., 887), State v. King;…
1Opinion of the Court
*198Opinion op the court by
JUDGE GUFFY
Affirming.
At the July term, 1898, of the Bracken Circuit Court, the appellant obtained a divorce from the appellee, and was given the care and custody of their two infant children. It is further adjudged that 'the defendant pay the cost of the suit, including an attorney’s fee of $50 for plaintiff’s attorney. The following also appears in the said judgment: “It is ordered and adjudged that from this date the defendant pay to the plaintiff, as and for alimony, the sum of twenty-five dollars per month, payable on the 7th day of each month henceforth, which may…
2Cases cited1 opinion
- In re HoustonDistrict Court, D. Kentucky · 1899