Pace v. Wolfinbarger

CourtUnited States State Supreme Court (Kentucky)
Citation420 S.W.2d 561
PartiesEmma Jean PACE (Formerly Emma Jean Thomas), Petitioner, v. Honorable J. M. WOLFINBARGER, Judge, Estill Circuit Court, Respondent.
Decision Date27 October 1967

Page 561

420 S.W.2d 561
Emma Jean PACE (Formerly Emma Jean Thomas), Petitioner,
v.
Honorable J. M. WOLFINBARGER, Judge, Estill Circuit Court,
Respondent.
Court of Appeals of Kentucky.
Oct. 27, 1967.

Benjamin Mazin, Lawrence S. Grauman, Louisville, for appellant.

J. M. Wolfinbarger, Irvine, pro se.

DAVIS, Commissioner.

Emma Jean Pace has invoked the original jurisdiction of the court pursuant to Kentucky Constitution § 110, seeking an order of prohibition against Honorable J. M. Wolfinbarger, presiding judge of the Estill Circuit Court. The controversy arises by virtue of certain proceedings held by the respondent on a child custody motion. A resume of the factual background is required before stating the questions involved.

Page 562

The petitioner, Emma Jean Pace, was formerly married to James Thomas from whom she was divorced by a judgment granted to her in the Estill Circuit Court on March 20, 1957. By the terms of that judgment, Emma Jean was awarded custody of Bobby Gene Thomas until further orders of the court. It appears from the scant record before us that Emma Jean found it necessary to place Bobby Gene in the home of Mrs. Sarah Jones Barnes in Estill County, but no order granting the custody of the child to Mrs. Barnes was entered. Mrs. Barnes is a great-aunt of Bobby Gene.

Emma Jean married Clyde Powell in 1958, and that marriage was terminated by the death of Powell. Emma Jean then married her present husband, Shelby Pace. It appears that she and Pace have been married about seven years and lived in Baltimore, Maryland, from 1961 to July 4, 1965, when they removed to Louisville where they now reside.

It appears that Bobby Gene was left in the physical custody of Mrs. Barnes even after Emma Jean and her husband returned to Kentucky, although Emma Jean visited with her son about twice a month and spent weekends with him. According to the allegations of the petition before us, Bobby Gene visited his mother and her husband in their home in Jefferson County during the summer of 1967, spent about three weeks with them, and 'expressed a fervent desire to live with his mother and her husband at their home in Jefferson County, Kentucky, and to attend school in Jefferson County, Kentucky, and pursuant to the request of Bobby Gene she and her husband enrolled him in a very fine school * * *.' The petition for prohibition alleges affirmatively that Emma Jean and her husband are ready, willing, and able to furnish a suitable home for...

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5 practice notes
  • Petrey v. Cain, No. 98-SC-692-MR
    • United States
    • United States State Supreme Court (Kentucky)
    • March 25, 1999
    ...and irreparable injury will result to the petitioner for which there is no adequate remedy at law. Pace v. Wolfinbarger, Ky., 420 S.W.2d 561 (1967); Burchell v. Burchell, Ky.App., 684 S.W.2d 296 (1984). An inferior court's jurisdiction within the meaning of the rules applicable to prohibiti......
  • Graham v. Mills, No. 85-SC-181-MR
    • United States
    • United States State Supreme Court (Kentucky)
    • June 13, 1985
    ...of justice. Shumaker v. Paxton, Ky., 613 S.W.2d 130 (1981); Warecke v. Richardson, Ky., 468 S.W.2d 795 (1971); Pace v. Wolfinbarger, Ky., 420 S.W.2d 561 The Franklin County circuit judge has subject matter and personal jurisdiction. The offenses occurred in Franklin County. Mills argues tha......
  • City of Lexington v. Cox
    • United States
    • United States State Supreme Court (Kentucky)
    • May 26, 1972
    ...and that irreparable injury will result to the petitioner for which he has no adequate remedy at law. Pace v. Wolfinbarger, Ky., 420 S.W.2d 561 The first inquiry therefore is whether the Jessamine Circuit Court has jurisdiction of the offense of polluting a stream in Fayette County, Kentuck......
  • Mid-Southern Toyota, Limited v. Pennington, MID-SOUTHERN
    • United States
    • United States State Supreme Court (Kentucky)
    • October 9, 1970
    ...the petitioner has no other available or adequate avenue for relief. Faulkner v. Bertram, Ky., 435 S.W.2d 60; Pace v. Wolfinbarger, Ky., 420 S.W.2d 561; Beachcomber Club, Inc. v. Keith, Ky., 402 S.W.2d We think it is beyond cavil that the respondent is proceeding within his jurisdiction. We......
  • Request a trial to view additional results
5 cases
  • Petrey v. Cain, No. 98-SC-692-MR
    • United States
    • United States State Supreme Court (Kentucky)
    • March 25, 1999
    ...and irreparable injury will result to the petitioner for which there is no adequate remedy at law. Pace v. Wolfinbarger, Ky., 420 S.W.2d 561 (1967); Burchell v. Burchell, Ky.App., 684 S.W.2d 296 (1984). An inferior court's jurisdiction within the meaning of the rules applicable to prohibiti......
  • Graham v. Mills, No. 85-SC-181-MR
    • United States
    • United States State Supreme Court (Kentucky)
    • June 13, 1985
    ...of justice. Shumaker v. Paxton, Ky., 613 S.W.2d 130 (1981); Warecke v. Richardson, Ky., 468 S.W.2d 795 (1971); Pace v. Wolfinbarger, Ky., 420 S.W.2d 561 The Franklin County circuit judge has subject matter and personal jurisdiction. The offenses occurred in Franklin County. Mills argues tha......
  • City of Lexington v. Cox
    • United States
    • United States State Supreme Court (Kentucky)
    • May 26, 1972
    ...and that irreparable injury will result to the petitioner for which he has no adequate remedy at law. Pace v. Wolfinbarger, Ky., 420 S.W.2d 561 The first inquiry therefore is whether the Jessamine Circuit Court has jurisdiction of the offense of polluting a stream in Fayette County, Kentuck......
  • Mid-Southern Toyota, Limited v. Pennington, MID-SOUTHERN
    • United States
    • United States State Supreme Court (Kentucky)
    • October 9, 1970
    ...the petitioner has no other available or adequate avenue for relief. Faulkner v. Bertram, Ky., 435 S.W.2d 60; Pace v. Wolfinbarger, Ky., 420 S.W.2d 561; Beachcomber Club, Inc. v. Keith, Ky., 402 S.W.2d We think it is beyond cavil that the respondent is proceeding within his jurisdiction. We......
  • Request a trial to view additional results

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