Ellen A. Price, Respondent, v. Joel D. Price, Appellant

Ellen A. Price, Respondent, v. Joel D. Price, Appellant. (Submitted December 5, 1873; decided December 16, 1873.) In ait actiob biWgtit by tó m'arried Ivonian1 for á> divorcé, the cótírl has the power to award the custody of a child to the plaintiff (2-R. 8.-, 148, §59), and its discretion cannot be reviewed by this court upon appeal. This was an action for divorce a vinculo / the issues were tried by a jury. Defendant asked the court to direct a verdict in his favor on the ground that there was not sufficient evidence to submit it to the jury to support the allegations of the complaint. The motion was denied. A verdict ivas ren-. dered for plaintiff. The court awarded the custody of a child, about twelve years of age, to plaintiff. The principal question discussed here was as to the sufficiency of the testimony. The court held that there was sufficient evidence to authorize the finding of the jury as to one of the offences charged; as to the custody of the child, the court held as above. L. S. Ghatfield for the appellant. Ambrose MoneTl for the respondent. [MAJORITY — Andrews, J.,] Andrews, J., reads for affirmance. All concur; Rapallo, J., in result. Judgment affirmed.