Duffy v. Duffy

The opinion of the court was delivered by

Wertz, J.:

This is an appeal from an order of the district court involving the custody of a minor child of the parties. The appellee Francis B. Duffy will be hereinafter referred to as plaintiff or husband, and the appellant Elsbeth M. Duffy as defendant or mother. Briefly the facts are as follows:

On February 7, 1953, plaintiff commenced an action for divorce against the defendant in the district court of Dickinson county. The petition alleged, in substance, the residence of the plaintiff, his marriage to the defendant, the names of the two children of…