Smith v. Smith

HAMITER, Justice.

Because of the regrettable, as well as unusual and unnatural, defense offered herein on behalf of and by the wife in resisting the demand of her husband for part time custody of her child, we prefer not to indulge in an extended discussion of this action which was instituted 'by the husband primarily to recover a judgment of separation from bed and board on the ground of abandonment admitted by the wife.

It is sufficient to say that the appeal presents the single legal question of whether the wife has the right to contest her husband’s paternity of a child born during the…