In re Custody of Allen

Four assignments of error are presented by appellant on this appeal. Neither of them, however, is well taken.

First: It is contended that the court erred in signing the first order, that of 31 January, 1953, “before any evidence was offered as to who was a fit and proper person to have the custody of the child, and forcing the respondent to deliver the child into the hands of petitioner.” As to this, the record fails to show that exception was taken to the order at the time it was made. But be that as it may, the order was temporary, pending the continuance of the hearing. And too it was a…