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PEOPLE EX REL. KENNY v. KENNY

277 A.D. 578 (1950)

The People of the State of New York ex rel. Andrew T. H. Kenny, Respondent, v. Jean H. Kenny, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 19, 1950.

Attorney(s) appearing for the Case

Frank G. Raichle of counsel (Derrick C. Banning with him on the brief; Raichle, Tucker and Moore, attorneys), for appellant.

Paul W. Williams of counsel (John H. Clark, III, with him on the brief; Cahill, Gordon, Zachry & Reindel, attorneys), for respondent.

GLENNON, J. P., DORE and SHIENTAG, JJ., concur; COHN and CALLAHAN, JJ., concur except with respect to the construction of the bond in the prevailing opinion and construe it as creating liability without proof of damage.

Per Curiam.

The appeal is by a resident of the State of Colorado, the mother of a boy over fourteen years of age who resides with her in that State, from an order of Special Term dated April 5, 1950, which order removes appellant's infant son from her custody and places him in the custody of his father, the respondent. The order adjudged that appellant has defaulted under certain agreements entered into between her...

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