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DAVISON v. FERNANDEZ

No. 5422.

264 F.2d 131 (1959)

Hamilton S. DAVISON, Defendant, Appellant, v. Zayda FERNANDEZ in Her Own Right and as Mother With Patria Potestas Over Her Minor Child Mary Ann Davison Fernandez, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

March 3, 1959.

Attorney(s) appearing for the Case

Enrique Igaravidez, San Juan, P. R., for appellant.

Abelardo Ruiz-Suria, San Juan, P. R., on motion of appellee to dismiss or affirm.

Before MAGRUDER, Chief Judge, and WOODBURY and HASTIE, Circuit Judges.

WOODBURY, Circuit Judge.

In February 1954 the Superior Court of Puerto Rico, San Juan Part, entered a decree by default granting the plaintiff-appellee, Zayda Fernandez, a divorce from the defendant-appellant, Hamilton S. Davison, and awarding to her, as the party obtaining the divorce, the patria potestas of the minor daughter born of the marriage. No request for an award for the support of the minor daughter was made in the complaint filed by Zayda Fernandez...

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