Smith v. Smith

WADE, Justice.

This is a contest between the parties in a divorce action for the custody of their four year old son. Plaintiff Miles Murray Smith, appellant here, and defendant Phyllis D. Smith, respondent here, intermarried on June 12, 1948, and their son Garvyn Varley was born on February 12, 1949. Plaintiff commenced this action and defendant counterclaimed and was granted a divorce on June. 4, 1951. Custody of their son was awarded to plaintiff for the first six months and to the defendant for the next six months and was decreed to alternate from one to the other every six months…