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WITHERSPOON v. WITHERSPOON

289 S.W.2d 502 (1956)

David WITHERSPOON, Appellant, v. Dorothy WITHERSPOON, an Incompetent, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied May 11, 1956.

Attorney(s) appearing for the Case

Robert Hubbard, Rollin Gibbs, Louisville, for appellant.

Charles W. Dobbins, Louisville, for appellee.

MILLIKEN, Judge.

This is an appeal from a judgment refusing to grant the appellant, David Witherspoon, a divorce because of the incurable insanity of his wife, Dorothy R. Witherspoon. Mr. Witherspoon's action was brought under KRS 403.020, Section 5, Subsection (a) and his appeal was brought here upon a stipulation of facts in accordance with CR 76. The cited statute permits divorce from the incurably and permanently insane after the proper safeguards are observed...

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