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SMITH v. SMITH

Docket No. 52, Calendar No. 48,979.

365 Mich. 122 (1961)

111 N.W.2d 806

SMITH v. SMITH.

Supreme Court of Michigan.

Decided December 1, 1961.

Attorney(s) appearing for the Case

Carpenter, Harrington & Douvan (Arthur E. Carpenter, of counsel), for plaintiff.

James O. Kelly, for defendant.

KELLY, J.

Defendant husband was granted a divorce after plaintiff wife admitted adultery. No property settlement is involved. Defendant appeals because he was not awarded custody of the 5-year-old daughter. The court, after an extensive hearing, entered a decree that the court would retain custody of the child, stating in said decree:

"That the Washtenaw county friend of the court be and she hereby is awarded the care, custody, and control of the minor child...

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