SHEPHERD v. MANN


490 S.W.2d 760 (1973)

Ballard SHEPHERD, Petitioner, v. Ben MANN, Circuit Judge of the 36th Judicial District of Kentucky, Respondent.

Court of Appeals of Kentucky.

February 2, 1973.


Attorney(s) appearing for the Case

Bertram Ervin Brown II, Prestonsburg, for petitioner.

Judge Ben Mann, pro se.


PALMORE, Chief Justice.

Ballard Shepherd seeks an order prohibiting the respondent, as judge of the Magoffin Circuit Court, from proceeding with a divorce action brought by Shepherd's wife, Ruie Mae Shepherd.

The basis on which relief is claimed is that Magoffin County was not the place of Ruie Mae's usual residence, as required by KRS 452.470. "Uniformly . . . this court has exercised its discretionary powers under Constitution § 110 to consider the...

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