Radford v. Radford

Decision Date11 October 1904
PartiesRADFORD v. RADFORD.
CourtKentucky Court of Appeals

Appeal from Circuit Court, Christian County.

"Not to be officially reported."

Action by Cyrus Radford against Florence R. Radford for divorce. Judgment for defendant, and plaintiff appeals. Affirmed.

James Breathitt and Hazelrigg, Chenault & Hazelrigg, for appellant.

Downer & Russell, for appellee.

BARKER J.

The appellant and appellee are husband and wife, and lived together as such until the 23d day of June, 1900, when they entered into articles of separation, by which it was agreed among other things, as follows: "Upon the execution of these articles we shall no longer live together nor cohabit as husband and wife, and each does hereby renounce all right or privilege which might otherwise prevail against the other in such regard. Each shall be at liberty to hereafter reside and remain at such place or places as we may respectively determine, being free to change such abiding place or places as necessity or caprice may require." The appellant is a naval officer in the service of the United States, and was at the time of the institution of this action in active service in the Philippines. The appellee is the daughter of a naval officer, and after the execution of the articles of separation by herself and husband took up her abode with her mother at a boarding house in the city of New York, being No 144 West Sixty-Fifth street, conducted by a Mrs. Humphries. After the separation from his wife, the husband becoming suspicious of her chastity, employed professional detectives through the Metropolitan Detective Agency to discover and bring to light, if it existed, evidence of her guilt. As a result of the report of the agency, he instituted this action in the Christian circuit court for a divorce, charging his wife with having been guilty of such lewd and lascivious behavior as proved her to be unchaste and also with adultery, naming one Crane as co-respondent. The answer placed in issue all the allegations of the petition, including the residence of appellant in Christian county, Ky.

The testimony in this case is exceedingly voluminous, making a transcript of some 600 pages, and anything like an analysis of it would extend this opinion beyond all reasonable bounds. It is sufficient to say that the testimony of the detectives and their friends, which constitutes appellant's (plaintiff's) evidence, if it is true, abundantly establishes the allegations of the petition. According to it appellee is little better than a common prostitute, and the house in which she boarded not many degrees above a brothel. The detectives obtained lodging in the house where appellee lived, and have detailed with precise circumstantiality saturnalian orgies, in which she and her companions participated, which would disgrace the dissolute degeneracy of the orient. This evidence tends to prove that the keeper of the boarding house, appellant's mother, and all the boarders in the house at least acquiesced in the crimes...

To continue reading

Request your trial
13 cases
  • Stifel v. Hopkins
    • United States
    • U.S. Court of Appeals — Sixth Circuit
    • 1 de maio de 1973
    ...noted in 42 Mich.L.Rev. 321 (1943); and to servicemen, see Kinsel v. Pickens, 25 F.Supp. 455 (W.D.Texas 1938); Radford v. Radford, 26 Ky.Law Rep. 652, 82 S.W. 391 (1904). It has also been consistently applied to inmates of penal institutions. See Cohen v. United States, 297 F.2d 760, 774 (9......
  • Sweeney v. District of Columbia
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 11 de março de 1940
    ...338; Sealey v. United States, D.C.E.D.Va., 1934, 7 F.Supp. 434; Harris v. Harris, 1927, 205 Iowa 108, 215 N.W. 661; Radford v. Radford, 1904, 26 Ky.L.Rep. 652, 82 S.W. 391; McLaughlin v. Feerick, 1931, 276 Mass. 180, 176 N.E. 779; Gallagher v. Gallagher, Tex.Civ.App., 1919, 214 S.W. 516; 1 ......
  • Harris v. Harris
    • United States
    • Iowa Supreme Court
    • 18 de outubro de 1927
    ...of judicial authority answers the question in the negative. Stevens v. Allen, 139 La. 658, 71 So. 936, L. R. A. 1916E, 1115;Radford v. Radford (Ky.) 82 S. W. 391;State ex rel. v. Judge of Ninth Judicial Circuit, 13 Ala. 805;Mead v. Carrol, 6 D. C. 338;Pendleton v. Pendleton, 109 Kan. 600, 2......
  • Zimmerman v. Zimmerman
    • United States
    • Oregon Supreme Court
    • 16 de janeiro de 1945
    ...is also inconsistent with the decisions of later New York cases. Ames v. Duryea, supra; In re Cunningham, supra. In Radford v. Radford, 26 Ky. L. 652, 82 S.W. 391, the plaintiff, a naval officer, sued for divorce in Kentucky, his domicil of origin. The defendant challenged the jurisdiction ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT