In Re Day

TOLMAN, MILLARD, and GERAGHTY, JJ., dissent. Frank F. Day and Marjorie Whitelaw intermarried in the city of Seattle, June 24, 1919. Three children were born to them: Nancy, born July 14, 1923; Virginia, December 6, 1926; and Joseph Daniel, April 8, 1928. Thereafter, Mrs. Day brought suit in the superior court for King county, asking for a divorce and the custody of her children, and in due time an interlocutory order was entered granting Mrs. Day a divorce, together with the custody and control of the children, subject to Mr. Day's right to visit them at certain times. Mrs. Day was awarded…