Aye v. O'neil

KRUCKER, Judge.

The questions presented in this appeal are (1) whether the trial court has authority to assess attorneys’ fees to either divorced parent .in a Habeas Corpus proceeding involving custody of a minor child, and (2) if the court does have such authority, was there an abuse of discretion in failing to make such an award?

Appellant, Sandra Jean Aye, and appellee, Theodore George O’Neil, were divorced on May 16, 1967, in the State of Minnesota. Sandra was awarded care, custody and control of the minor child of the parties.. On July 21, 1967, Judge Thomas Tang heard a motion to dismiss…