Munson v. Johnston

The opinion of the court was delivered by

Oliphant, J.

This is an appeal from a judgment of affirmance by the Appellate Division of an order made by the Superior Court, Chancery Division, denying a motion of the defendant-mother to dismiss the complaint of the plaintiff-appellant, a paternal aunt, for the custody of an infant residing in Massachusetts, or in the alternative for a summary judgment for lack of jurisdiction over the subject matter and the person and for the failure of the complaint to state a claim upon which relief could be granted.

The trial court held it had jurisdiction,…