SMITH v. SMITH


284 A.D. 1017 (1954)

Harold Smith, Appellant, v. Mary Smith, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 24, 1954.


A judgment had been entered in this action dismissing the complaint which sought a separation and also dismissing the defendant's counterclaim for a separation. The judgment contained the following provision with respect to the custody of the children: "Ordered and Adjudged that the children of the parties hereto now residing with the defendant shall continue to reside with the defendant until July 15, 1954, without prejudice to any application to be made by either of the...

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