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GROSS v. WARD

386 S.W.2d 456 (1965)

Dortha Nan GROSS, Petitioner, v. Don A. WARD, Judge, Perry Circuit Court, Respondent.

Court of Appeals of Kentucky.

January 29, 1965.

Attorney(s) appearing for the Case

William H. McCann, Brown, Sledd & McCann, Lexington, for petitioner.

S. M. Ward, Duff Arnett, Hazard, for respondent.

WADDILL, Commissioner.

In this original proceeding Dortha Nan Gross seeks to prohibit the respondent, Honorable Don A. Ward as Judge of the Perry Circuit Court, from proceeding further in an action for divorce filed by her husband, Charles Gross.

The dispositive question is whether Dortha was a nonresident of Kentucky on November 16, 1964, when the action was filed, as that term is used in KRS 452.470. This statute provides:

"An action for alimony...

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