Andrews v. Andrews' Committee
Court of Appeals of Kentucky
Case 91 — ACTION BY JOSEPH A. ANDREW'S AGAINST LU-CASSIA B. ANDREWS’ COMMITTEE FOR DIVORCE FROM SAID LUCASSIA B. ANDREWS, WHO HAS BEEN ADJUDGED A LUNATIC. Appeal from Campbell Circuit Court. A. S. Berry, Circuit Judge. Judgment for defendant. Plaintiff appeals. PROPOSITIONS ADVANCED AND AUTHORITIES CITED. It was error to sustain demurrer to petition: 1. Because it contained all necessary allegations under sec. 2117, Ky.
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Case 91 — ACTION BY JOSEPH A. ANDREW'S AGAINST LU-CASSIA B. ANDREWS’ COMMITTEE FOR DIVORCE FROM SAID LUCASSIA B. ANDREWS, WHO HAS BEEN ADJUDGED A LUNATIC. Appeal from Campbell Circuit Court. A. S. Berry, Circuit Judge. Judgment for defendant. Plaintiff appeals. PROPOSITIONS ADVANCED AND AUTHORITIES CITED. It was error to sustain demurrer to petition: 1. Because it contained all necessary allegations under sec. 2117, Ky. Stats., and sec. 423, Civil Code. 2. Constructive process was proper against the lunatic. 3. “Five consecutive years next before the application” means that they shall not…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Reversing.
By sec. 2117, Ky. Stats., 1903, the following is made a ground for divorce to both husband and wife: “Living apart without any cohabitation for five consecutive years next before the application.” This is an action for divorce, brought by the husband under the statute. He states in his petition that he and the defendant, Lucassia B. Andrews, were married on March 4, 1865; that on February 16, 1902, she was adjudged to be of unsound mind; that for more than five years next before that date they had lived separate and apart without any cohabitation, and…
2Cases cited4 opinions
- Harrigan v. HarriganCalifornia Supreme Court · 1902
- Pile v. PileCourt of Appeals of Kentucky · 1893
- Douglass v. DouglassSupreme Court of Iowa · 1871
- Stratford v. . StratfordSupreme Court of North Carolina · 1885
3Cited by8 opinions
- Schuler v. SchulerMissouri Court of Appeals · 1956
- Steed v. SteedUtah Supreme Court · 1919
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. FederleIndiana Court of Appeals · 1912
- Huston v. Huston's CommitteeCourt of Appeals of Kentucky · 1912
- Burris v. BurrisCourt of Appeals of Kentucky · 1960
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