Legal Opinion

Mutter v. Mutter

Court of Appeals of Kentucky

Decided November 20, 1906PublishedCited by 4 opinions

Case 102. — ACTION BY LAURA H. MUTTER AGAINST JOHN F. MUTTER FOR A DIVORCE IN WHICH HE FILES A COUNTERCLAIM FOR DIVORCE. — Appeal from Barren Circuit Court. S' E. Jones, Circuit Judge. From the judgment granting the husband a divorce and allowing the wife alimony, both parties appeal.

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Case 102. — ACTION BY LAURA H. MUTTER AGAINST JOHN F. MUTTER FOR A DIVORCE IN WHICH HE FILES A COUNTERCLAIM FOR DIVORCE. — Appeal from Barren Circuit Court. S' E. Jones, Circuit Judge. From the judgment granting the husband a divorce and allowing the wife alimony, both parties appeal. We insist that the “fault” or cause for which the divorce was granted was the defect, blemish or malformation of the appellee which prevented sexual intercourse, and under the statute, the wife being held to be in fault, she was not entitled to any allowance for alimony. (Cottrell v. Cottrell, 24 Ky. L. R.,…

1Opinion of the Court

Opinion by

Judge Lassing

Reversing.

The partie's to this litigation were married in August, 1904. They separated three days thereafter, and in June, 1905, the wife instituted this suit for a divorce from bed and board, and for alimony, the grounds relied upon being abandonment and failure to support. The husband answered, denying the allegations of the petition, and setting up a counterclaim, seeking an absolute divorce on the ground of such malformation on the part uf the wife as to prevent sexual intercourse. On these pleas issues were joined, proof taken, and upon final hearing, the trial…

2Cases cited1 opinion

  1. Newsome v. NewsomeCourt of Appeals of Kentucky · 1894

3Cited by4 opinions

  1. Floyd v. FloydSupreme Court of Florida · 1926
  2. Belknap v. BelknapCourt of Appeals of Kentucky (pre-1976) · 1936
  3. Barnett v. BarnettCourt of Appeals of Kentucky (pre-1976) · 1943
  4. M v. MMassachusetts Supreme Judicial Court · 1961

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