MOTZKUS v. MOTZKUS

No. 10315.

17 Utah 2d 154 (1965)

406 P.2d 31

ERWIN DALE MOTZKUS, PLAINTIFF AND APPELLANT, v. LINDA JOY MOTZKUS, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

September 28, 1965.


Attorney(s) appearing for the Case

Leland S. McCullough, Salt Lake City, for appellant.

Dean R. Mitchell, Salt Lake City, for respondent.


CROCKETT, Justice:

Plaintiff, Erwin Dale Motzkus, petitioned the court in a supplemental proceeding in the above captioned divorce action for the custody of his son, Lyndon Dale, age 8. At the conclusion of the plaintiff's evidence, the court granted defendant's motion to dismiss the proceeding and plaintiff appeals.

The parties had been divorced on the 4th of December 1958 in the District Court of Salt Lake County, and the custody of the boy had been given...

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