Docket No. 77, Calendar No. 47,363.

354 Mich. 65 (1958)

92 N.W.2d 585


Supreme Court of Michigan.

Decided October 13, 1958.

Attorney(s) appearing for the Case

Poppen, Street & Sorensen (Harold M. Street, of counsel), for plaintiff.

Amici curiae:

Paul L. Adams, Attorney General, Stanton S. Faville, Chief Assistant Attorney General, Samuel J. Torina, Solicitor General, and Maxine Boord Virtue, Assistant Attorney General.

Jason L. Honigman, Chairman of the Civil Procedure Committee of the Judicial Conference.

Charles W. Joiner, Chairman of the Committee on Civil Procedure, State Bar of Michigan.

SMITH, J. (concurring).

The case before us squarely presents this issue: Does a court of chancery have jurisdiction over the allegedly abused or neglected children of a marriage if the bill filed is addressed solely to their welfare and contains no prayer for annulment or divorce? To put it in other terms, is chancery jurisdiction as to custody of such children only subordinate and ancillary to some other well-recognized subject of equity jurisdiction? Or,...

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