People ex rel. Allen v. Allen

New York Court of Appeals

People ex rel. Allen v. Allen

1 Silv. Ct. App. 381, 6 N.Y. St. Rep. 795

DecidedMarch 25, 1887

StatusPublished

This text of 1 Silv. Ct. App. 381 (People ex rel. Allen v. Allen) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Allen v. Allen, 1 Silv. Ct. App. 381, 6 N.Y. St. Rep. 795 (N.Y. 1887).

Pincite

Opinion

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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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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Bluebook (online)

1 Silv. Ct. App. 381, 6 N.Y. St. Rep. 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-allen-v-allen-ny-1887.