Legal Opinion

Epling v. Epling

Court of Appeals of Kentucky

Decided December 18, 1866PublishedCited by 8 opinions

CASE 23 — PETITION EQUITY APPEAL FROM PIKE CIRCUIT COURT. CITED— Sections 15, 16, and 460, Civil Code. Section 1, articled, chapter 47, Revised Statutes.

1Opinion of the CourtChief Justice Peters

Appellant brought this action in the court below to obtain a divorce from appellee, which was refused by said court.

*75Section 1, article 3, chapter 47 (2 vol. R. S., p. 17), provides that courts having chancery jurisdiction may decree a divorce to the party not in fault. 1. For abandonment, or like separation by one party from the other for one year.

The petition fails to allege that appellant’s wife abandoned or separated from him without his fault, as required by the statute above referred to. If a party for mere separation would be entitled to a divorce, he might so conduct himself towards…

2Cited by8 opinions

  1. Newman v. NewmanMassachusetts Supreme Judicial Court · 1912
  2. Watkins v. WatkinsCourt of Appeals of Kentucky · 1923
  3. Yeager v. YeagerCourt of Appeals of Kentucky · 1923
  4. Lewis v. LewisCourt of Appeals of Kentucky · 1924
  5. Manning v. ManningCourt of Appeals of Kentucky · 1920

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