McKAY v. McKAY


260 S.W.2d 945 (1953)

McKAY v. McKAY.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing October 23, 1953.


Attorney(s) appearing for the Case

Martin & Gillespie, David Martin and John R. Gillespie, Franklin, for appellant.

Rodes K. Myers and Leland Logan, Bowling Green, for appellee.


CLAY, Commissioner.

This action was brought by appellant under section 518 of the Civil Code of Practice to set aside a judgment of divorce on the grounds of: (1) fraud; and (2) unavoidable casualty or misfortune. The Chancellor dismissed the petition.

On May 14, 1951, appellant filed a petition for divorce against her husband, appellee. On the same day appellee entered his appearance and filed an answer stating that he had no affirmative defense. No further...

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