140 Ky. 228 | Ky. Ct. App. | 1910
Opinion of the Court by
Reversing.
Lena Carter brought this action against her husband, Thompson Carter, for a divorce. She alleged in her petition that without fault nn her part, he on January 10, 1909,. abandoned her, and has since refused to live with her, or furnish her any means of support. He filed an answer in which he denied the allegations of the petition, and pleaded that without fault on his part, she had abandoned him. He made his answer a counterclaim, and prayed a divorce from her. A reply was filed which made up the issue; and proof was taken. On final hearing the circuit court dismissed both the petition and the counter-claim. He adjudged the wife her cost, but did'not allow her an attorney’s fee. From this judgment she appeals.
Judgment reversed, and cause remanded for further proceedings consistent herewith.