People ex rel. Allen v. Allen
People ex rel. Allen v. Allen
1 Silv. Ct. App. 381; 6 N.Y. St. Rep. 795
People ex rel. Allen v. Allen
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.