New York Court of Appeals, 1887

People ex rel. Allen v. Allen

People ex rel. Allen v. Allen
New York Court of Appeals · Decided March 25, 1887
1 Silv. Ct. App. 381; 6 N.Y. St. Rep. 795

People ex rel. Allen v. Allen

Opinion of the Court

Per Curiam.

We dismiss this appeal for the reason that the courts below, upon a view of all the existing facts relating to the welfare and interest of the infants, exercised their discretion in awarding to the mother the custody of the children ; and in so doing gave to the Illinois decree not the force of an estoppel, or the conclusive effect sometimes due to a judgment, but simply regarded it as a fact or circumstance bearing upon the discretion to be exercised, without dictating or controlling it.

Appeal dismissed, with costs.

All concur.

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