Fountaine v. Fountaine

PRESIDING JUSTICE McCORMICK

delivered the opinion of the court.

An appeal was taken from an order entered on December 23, 1954 in the circuit court of Cook county denying the petition of the defendant (the mother) for the custody of the two minor children of the parties which had previously been awarded to the father, the plaintiff, by a decree of divorce entered April 23, 1953.

It appears from the record that the defendant, a woman of the Caucasian race, had married Samuel B. Fountaine, a member of the Negro race. To this marriage two children were born. A complaint for divorce was filed by the…