Schmitt v. Schmitt

SMITH, Justice.

Appellant, by her action commenced during March 1960 in the district court in Gooding county, seeks the custody and control of the two minor children of the parties, the children having been previously awarded to respondent by a decree of the Superior Court of the Fourth Judicial District of the State of Alaska in its Civil Case No. 10663. The district court sustained respondent’s motion to dismiss appellant’s complaint • without leave to amend and entered judgment' of dismissal.

Appellant appealed from the judgment, assigning as error the trial court’s ruling that' the…