Legal Opinion · Dissent

Potter v. Potter

Michigan Supreme Court

Decided April 6, 1964No. Calendar 119, Docket 50,169Published

1DissentSmith, J.

In all deference to my brothers who are sophisticated, and learned men, and to the able circuit judge whose credentials are equally well established, I find it impossible to agree that this little girl should be taken from the breast of her mother.

The opinion of former Chief Justice Carr proceeds from the assumption that we are reviewing a custody order, routinely made and entered. This questionable order with its punitive appearance should not block our view of what transpired before it found its way into the record. What seems to be forgotten is that the child was apparently happy, content,…

2Cases cited8 opinions

  1. Bowler v. BowlerMichigan Supreme Court · 1958
  2. Lewis v. LewisMichigan Supreme Court · 1953
  3. Eichholtz v. EichholtzMichigan Supreme Court · 1947
  4. Lair v. LairMichigan Supreme Court · 1959
  5. Kaiser v. KaiserMichigan Supreme Court · 1958

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