Beall v. Beall
Court of Appeals of Kentucky
Case 122 — EQUITY APPEAL PROM WARREN CIRCUIT COURT. 1. The elements of the cause of divorce in this case are, that the treatment of the husband must be cruel and inhuman, it must continue six months, and it must indicate a settled aversion to the wife. 2. The proof does not sustain the allegations of the petition; on the contrary, although the appellant was rough in his conduct, it is Shown, that he was kind to appellee. 3. To adjudge against him a divorce was wrong; to take…
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Case 122 — EQUITY APPEAL PROM WARREN CIRCUIT COURT. 1. The elements of the cause of divorce in this case are, that the treatment of the husband must be cruel and inhuman, it must continue six months, and it must indicate a settled aversion to the wife. 2. The proof does not sustain the allegations of the petition; on the contrary, although the appellant was rough in his conduct, it is Shown, that he was kind to appellee. 3. To adjudge against him a divorce was wrong; to take one third of his: estate for alimony is excessive, and by no means authorized by the-evidence. (Gen. Stat., chap. 52,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
One of the grounds for a divorce on the part of the-wife, when not in like fault, is “the habitual behavior towards her by the husband for not 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.” (General Statutes, chapter 52, subsection 2-of article 3-.) . . '
■ ■ In this case the appellee, Lucy Beall, filed her petition in. ‘the Logan circuit court against her husband, Geo. R. Beall, *677for a divorce and alimony, and on the final hearing a judgment of…
2Cited by15 opinions
- Kelly v. KellyCourt of Appeals of Kentucky · 1919
- Hooe v. HooeCourt of Appeals of Kentucky · 1906
- Irwin v. IrwinCourt of Appeals of Kentucky · 1899
- Zumbiel v. ZumbielCourt of Appeals of Kentucky · 1902
- Pemberton v. PembertonCourt of Appeals of Kentucky · 1916
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