Downey v. Downey

FOURNET, Justice.

This matter is before us for consideration on a motion to dismiss the appeal on the ground that no appeal, either suspensive or devolutive, may be granted to revise, alter, or modify a judgment awarding the care, custody, and control of minor children. It is contended, in the alternative, that if any right of appeal exists, it should be a devolutive and not a suspensive appeal.

The plaintiff, Mrs. Bertha Downey, obtained a judgment against her husband, Eldridge A. Downey, on March 11, 1930, decreeing an absolute divorce between them, and granting to her the permanent care,…