Sewell v. Sewell

(dissenting)—The opinion in this case announces a rule entirely at variance with all of our decisions relative to appellate procedure. In the first place, the majority opinion, as I understand it, means to hold that this court does not have jurisdiction relative to the custody of children pending an appeal in a divorce case. However, the opinion states:

“The respondent has the right to have the custody of the child as provided in the court’s interlocutory order pending the appeal, and a defense on the merits will not lie to an appropriate procedure to enforce the order.”

How can this court…