[DOWNLOAD] "Jones v. Tartar" by Court Of Appeals Of Kentucky # eBook PDF Kindle ePub Free
eBook details
- Title: Jones v. Tartar
- Author : Court Of Appeals Of Kentucky
- Release Date : January 14, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 45 KB
Description
CAMMACK, Justice. In April, 1948, Mrs. Connie Jones filed a petition in this Court for a writ of prohibition against R. C. Tartar, Judge of the Wayne Circuit Court, to enjoin him from hearing a suit for absolute divorce brought by her husband, Ray Jones, in September, 1947. In April, 1946, Mrs. Jones filed an action against Ray Jones in the Wayne Circuit Court for an absolute divorce and custody of their infant child. Mr. Jones sought a divorce on a counterclaim, but Mrs. Jones was granted a divorce from bed and board, awarded the custody of the child, and allowed $65 per month for support and maintenance. In his suit for a divorce, which was filed as an equitable action, Mr. Jones set up the judgment of divorce from bed and board rendered in the same court and alleged cruel and inhuman treatment on the part of Mrs. Jones for over six months subsequent to the date of that judgment. He prayed that the judgment be set aside and that he be granted an absolute divorce and be given custody of the infant child. It is expressly provided in KRS 403.050 that a judgment of divorce from bed and board may be revised or set aside at any time by the court granting it. It is also provided in section 427 of the Civil Code of Practice that: