STANLEY, Commissioner.
In the petition for a declaratory judgment, the plaintiff, Martha Jewell Schick, alleged that the defendant, August William Schick, had sued her for divorce on the ground of cruel treatment as defined in KRS 403.020(4) (d). She further alleged that the proof taken showed that he had provoked her mistreatment and he was at fault. The divorce action is still pending. The controversy sought to be adjudicated here was the proper construction of...
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