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NYE v. NYE

Gen. No. 45,279.

343 Ill. App. 477 (1951)

99 N.E.2d 574

Constance W. Nye, Appellant, v. Herbert Nye, Appellee.

Appellate Court of Illinois.

Released for publication July 5, 1951.

Attorney(s) appearing for the Case

POPPENHUSEN, JOHNSTON, THOMPSON & RAYMOND, of Chicago, for appellant; ALBERT E. JENNER, JR., and ROGER W. BARRETT, both of Chicago, of counsel.

FRED A. GARIEPY, ROBERT E. CANTWELL, JR., and LOUIS YAGER CANTWELL, all of Chicago, for appellee; JOHN SPALDING, of Chicago, of counsel.

MR. JUSTICE KILEY delivered the opinion of the court.

This is a child custody proceeding. The parties were married in 1938 and divorced upon plaintiff's suit December 21, 1948. Under an agreement of the parties, incorporated in the decree, plaintiff had custody during the first year of their only child Diane, called Penny. During the early morning hours of February 25, 1949, the defendant carried the child away from plaintiff's custody without permission. She petitioned...

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