MERRILL v. MERRILL

No. 8962.

362 P.2d 887 (1961)

Gertrude L. MERRILL, Plaintiff-Appellant, v. Ephraim L. MERRILL, Defendant-Respondent.

Supreme Court of Idaho.

June 8, 1961.


Attorney(s) appearing for the Case

Reginald R. Reeves (on appeal), Boyd R. Thomas (in district court), Idaho Falls, for appellant.

Lee, Bates & Jergensen, Rigby, for respondent.


SMITH, Justice.

Appellant and respondent were married February 25, 1950. Two children were born as the issue of the marriage.

During May 1960 appellant instituted this action for divorce and for custody of the two minor children. Respondent, by his answer and cross-complaint, likewise sought a divorce and custody of the children.

At the trial the parties stipulated certain material facts, including, that appellant was a fit and proper person to have...

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