Legal Opinion

Boggess v. Boggess

Court of Appeals of Kentucky

Decided October 5, 1836PublishedCited by 7 opinions

Chancery, From the Circuit Court eor Muhlenburgh County, Thepowerofthe. court of appeals to revise the. proceedings of in ferior courts, upon writs of error, extends to all final judg’ts, decrees, and judicial orders, with' some statutory exceptions.—De crees granting divorces are among the exceptions; but decrees. refusing divorces are not: aw. e. lies upon a decree refusing a, divorce, and upon decrees either allowing or refusing alimony. has"power to ^ecree a divorce ior…

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Chancery, From the Circuit Court eor Muhlenburgh County, Thepowerofthe. court of appeals to revise the. proceedings of in ferior courts, upon writs of error, extends to all final judg’ts, decrees, and judicial orders, with' some statutory exceptions.—De crees granting divorces are among the exceptions; but decrees. refusing divorces are not: aw. e. lies upon a decree refusing a, divorce, and upon decrees either allowing or refusing alimony. has"power to ^ecree a divorce ior any cause not specified in' the Btatute. ■ Query—Wh ethov n Crnivt Want of due respect and kindness on the part of- the…

1Opinion of the CourtChief Justice Robertson

Rosanna Boggess, after cohabiting with her husband, Robert Boggess, from the year 1808 to that of 1833, and bearing nine children by him, abandoned him, on the alleged ground of barbarous and inhuman treatment endangering her life, and shortly afterwards sued him in chancery, for a divorce, or for alimony.

In his answer, he denied the chief and more material allegations of the bill, and prayed that, as his wife had abandoned him, and seemed determined never to live with him again, he might be divorced from her.

Upon the hearing, on the bill and answer, and an unusual number of depositions, the…

2Cited by7 opinions

  1. Stewart v. StewartWest Virginia Supreme Court · 1885
  2. State ex rel. Cecil v. KnappWest Virginia Supreme Court · 1958
  3. Martin v. MartinWest Virginia Supreme Court · 1890
  4. Kinsey v. KinseySupreme Court of Alabama · 1861
  5. Doolin v. DoolinCourt of Appeals of Kentucky (pre-1976) · 1925

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