Kennard v. Kennard

An examination of the record before us compels the conclusion that the plaintiff in the present proceedings did not have a fair trial. Because of the errors of law which are later indicated, the findings and orders made with reference to the petition of Reginald P. Kennard must be set aside and justice requires the granting of a trial de novo.

1. By the terms of the divorce decree, the custody of Reginald D. Kennard, the minor son of the parties, then about five years of age, was committed to the defendant, Ethyl C. Kennard, and William E. Marvin of Portsmouth, jointly, “to the exclusion from…