Burke v. Tartar

PALMORE, Judge.

By an original proceeding in this court Lucille Eaves Burke seeks an order prohibiting Hon. R. C. Tartar, Judge of the Pulaski Circuit Court, from proceeding to adjudicate a divorce action brought against her in that court by Allen M. Burke. Her claim is that under KRS 452.470, which provides that a divorce action must be brought in the county where the wife “usually resides” if she has an actual residence in this state, the Pulaski Circuit Court does not have jurisdiction.

It appears that on June 22, 1961, the Burkes were living together at Somerset, in Pulaski County. At about…