Hurst v. Hurst

THOMAS, J.:

The present controversy is the outgrowth of a divorce action between petitioner and respondent in which the former prevailed. No phase of the main contest is involved here, but only the subsequent order entered by the chancellor altering the provisions of the final decree fixing the custody of the three-year-old child of the parties. To give the background of this order we need, therefore, refer only to so much of the final decree and a stipulation recognized in it as dealt with the custody of the child.

The parents agreed that custody of the child should be awarded the mother and…