Legal Opinion · Dissent

Gibson v. Crawford

Court of Appeals of Kentucky (pre-1976)

Decided December 16, 1932Published

1DissentWillis, J.

I cannot concur in the conclusion of the court. because I believe the result to be unjust, unreasonable, and unsupported by authority.

It is unjust because it deprives a faithful wife of the fruits of a fair contract after she had rendered full performance of the consideration. It sets the seal of judicial sanction upon a glaring fraud on the rights of a confiding spouse who trusted her husband and relied upon his solemn agreement.

It is unreasonable because it extends a statutory rule beyond its terms and applies it to a situation it was not enacted to reach or intended to govern. It defeats…

2Cases cited23 opinions

  1. Carmichael v. CarmichaelMichigan Supreme Court · 1888
  2. Stewart v. ToddSupreme Court of Iowa · 1919
  3. Stevens v. MyersOregon Supreme Court · 1918
  4. Lewis v. LewisSupreme Court of Kansas · 1919
  5. Brown v. WebsterNebraska Supreme Court · 1912

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