Kaufman v. Kaufman

McCALEB, Justice.

On November 9, 1959, plaintiff secured a judgment of divorce against his wife and was awarded the custody and control of their three minor children, Junius Lee, Melenena and Linda Kaufman. Defendant was granted a suspensive appeal from this judgment.

Plaintiff has moved to dismiss the appeal, insofar as it suspends execution of that part of the judgment awarding him custody of the abovementioned children.

The motion is well founded. It is settled that a party appealing from a judgment affecting the custody of a child is not entitled to have execution stayed during the pendency…