St. John v. St. John

Court of Appeals of Kentucky

St. John v. St. John

2 Ky. Op. 599, 1868 Ky. LEXIS 520

DecidedSeptember 14, 1868

StatusPublished

This text of 2 Ky. Op. 599 (St. John v. St. John) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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St. John v. St. John, 2 Ky. Op. 599, 1868 Ky. LEXIS 520 (Ky. Ct. App. 1868).

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Opinion

Opinion op the Court by

Judge Robertson :

It seems to this court that, by the decree for alimony and a divorce a mensa, the appellant has obtained at least as much as the record authorized her to claim or expect. Her claim to a divorce a vinculo is not satisfactorily sustained;. for, though for some years preceding the statutory bar of five years before the institution of her suit, the appellee seemed to have been habitually drunk and to have treated her cruelly, yet within the said period of five years it seems that his intemperance was only occasional and unaccompanied by maltreatment, neglect or essential waste; and the charge of settled aversion is repelled by the fact that, after she left him contrary to an agreement to continue this co-habitation, he urged, more than once, a reconciliation and restitution of conjugal rights and relations.

Wherefore, the judgment of the circuit court is, on her appeal, affirmed.

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Opinion op the Court by

Judge Robertson :

It seems to this court that, by the decree for alimony and a divorce a mensa, the appellant has obtained at least as much as the record authorized her to claim or expect. Her claim to a divorce a vinculo is not satisfactorily sustained;. for, though for some years preceding the statutory bar of five years before the institution of her suit, the appellee seemed to have been habitually drunk and to have treated her cruelly, yet within the said period of five years it seems that his intemperance was only occasional and unaccompanied by maltreatment, neglect or essential waste; and the charge of settled aversion is repelled by the fact that, after she left him contrary to an agreement to continue this co-habitation, he urged, more than once, a reconciliation and restitution of conjugal rights and relations.

Wherefore, the judgment of the circuit court is, on her appeal, affirmed.

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Bluebook (online)

2 Ky. Op. 599, 1868 Ky. LEXIS 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-john-v-st-john-kyctapp-1868.