Smith v. Smith

The opinion of the court was delivered by

Price, J.:

The primary question in this case concerns the power of the lower court, under the circumstances hereinafter detailed,- to make an order changing the custody of a minor child.

*620The parties, who will be referred to as in the court below, were residents of Butler County. In September, 1949, plaintiff wife filed an action for divorce in that county on the ground of extreme cruelty. She and the defendant were the parents of a two year old child, and her petition sought the temporary and permanent care, custody and control of the child, together…