SMITH v. SMITH

No. 9755.

15 Utah 2d 36 (1963)

386 P.2d 900

JOSEPH THURSTON SMITH, PLAINTIFF AND APPELLANT, v. ALYCE M. SMITH, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

November 20, 1963.


Attorney(s) appearing for the Case

Bushnell & Beesley, Salt Lake City, for appellant.

Gustin, Richards & Mattsson, William S. Richards, Salt Lake City, for respondent.


WADE, Justice.

Joseph Thurston Smith commenced a divorce action against his wife, Alyce M. Smith. The divorce was granted to the wife upon her counterclaim. He appeals only from that portion of the decree granting her the custody of their minor children. All but one of the six minor children were 10 years of age or over, and these five children expressed a preference to remain with the father, the appellant herein.

Under Section 30-3-5, U.C.A. 1953, in divorce...

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