Lacey v. Lacey
Court of Appeals of Kentucky
Cash 19 — PETITION EQUITY APPEAL PROM WOLPE COURT OP COMMON PLEAS. The wife is entitled to alimony, although she did not institute the action for divorce. Sec. 6 of art. 3, chap. 52, Gen. Stats., applies only where the wife is in fault, and the grounds alleged by the husband are not sufficient if embraced in a petition by the wife to entitle her to a divorce.
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Cash 19 — PETITION EQUITY APPEAL PROM WOLPE COURT OP COMMON PLEAS. The wife is entitled to alimony, although she did not institute the action for divorce. Sec. 6 of art. 3, chap. 52, Gen. Stats., applies only where the wife is in fault, and the grounds alleged by the husband are not sufficient if embraced in a petition by the wife to entitle her to a divorce. (Davis v. Davis, 86 Ky., 33.) 1. A defendant is not entitled to judgment upon a claim attempted to be . set up by way of counter-claim unless it be so termed. (Oivil Oode, sec 97, sub-sec. 4.) 2. The wife is not entitled to alimony…
1Opinion of the Court
JUDGE HAZBLBIGG
delivered the opinion op the court.
The appellee sought and obtained a divorce from his •wife, the appellant, on the sole ground of his having lived apart from her without cohabitation for five consecutive years next before the institution of his action. The fact of separation was not denied, but the wife sought alimony upon the ground that the appellee, without "cause, had abandoned her when she was without fault; that she had sheltered him in a home provided by her for the nine years of their married life, and been *112patient with his shortcomings; that she had very little…
2Cases cited2 opinions
- Davis v. DavisCourt of Appeals of Kentucky · 1887
- Cason v. CasonCourt of Appeals of Kentucky · 1881
3Cited by18 opinions
- Foote v. FooteCourt of Appeals of Maryland · 1948
- Kelly v. KellyCourt of Appeals of Kentucky · 1919
- Green v. GreenCourt of Appeals of Kentucky · 1913
- Wesley v. WesleyCourt of Appeals of Kentucky · 1918
- Day v. DayCourt of Appeals of Kentucky · 1916
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