Varsey v. Varsey

The defendant has appealed this ease to this court so far as the decree of the court of common pleas relates to the custody of Russell Albert Varsey, minor child of plaintiff and defendant.

The question before this court arises out of the motion of the plaintiff to dismiss the appeal, for the reason that this court has no jurisdiction to entertain the same, by reason of its not being appealable under the provision of Art. 4, Sec. 6, of the constitution establishing the court of appeals.

It is provided therein that courts of appeals have appellate jurisdiction in the trial of chancery eases. It…