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HOWELLS v. HOWELLS

No. 9924.

113 N.W.2d 533 (1962)

Henrietta HOWELLS, Plaintiff and Respondent, v. Lewis W. HOWELLS, Defendant and Appellant.

Supreme Court of South Dakota.

February 28, 1962.

Attorney(s) appearing for the Case

Keith B. Anderson, Huron, for defendant and appellant.

Temmey & Luby, Huron, for plaintiff and respondent.

RENTTO, Presiding Judge.

The basic question on this appeal is whether the trial court's award to the mother of the custody of three children of tender years was proper. We hold it was not.

Plaintiff and defendant were married at Charleston, West Virginia, on January 31, 1952. Their first child, a boy, was born on December 1, 1953; the second, also a boy, on September 26, 1955 and the third, a girl, on September...

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