People ex rel. Smith v. Smith — 85 N.Y.S. 1143

Majority

p. 1143

PEOPLE ex rel. SMITH, Respondent, v. SMITH et al., Appellants.

(Supreme Court, Appellate Division, Third Department.

January 6, 1904.)

Headnote

Proceeding by the people of the state of New York, on the relation of Elizabeth Smith, against Charles Smith and others.

Order modified, by adding thereto, “unless or until a guardian of the person of said Helen M. Smith shall be appointed by the Surrogate’s Court of Albany county on her petition, in which case this order shall not be operative,” and, as so modified, affirmed, without costs.

CHESTER, J., dissents.