May v. Tenpenny

The opinion of the court was delivered by

Thiele, J.:

This appeal involves the custody of a child and arose out of the following facts.

Harold E. May brought an action in the district court of Jefferson county for a divorce from Anna F. May. The action was tried, and on February 5, 1945, that court rendered its judgment and awarded to Anna F. May the custody of their two minor children, Dorothy Lorraine and Robert Ken.

Anna F. May died on May 19,1946, and on May 31,1946, Harold E. May filed his motion in the above-mentioned action setting forth the death of Anna F. May and that he was the…