284 N.W. 294
No. 31,867.Supreme Court of Minnesota.
February 24, 1939.
Plaintiff appealed from that part of a decree of divorce, entered in the district court for Hennepin county, Mathias Baldwin, Judge, awarding to defendant the custody of James Sherman Martin, one of the minor children of the parties. Affirmed without opinion by equally divided court.
Stinchfield, Mackall, Crounse, McNally Moore, for appellant.
W.T. Coe, for respondent.
PER CURIAM.
Plaintiff appeals from that part of a decree of divorce which awards the custody of the boy, now eight and a half years old, to defendant.
Page 622
Plaintiff was awarded the custody of the daughter, the only other child of the parties, now seven years old.
Mr. Justice Hilton being ill and unable to participate in the decision, and the other justices being equally divided, that part of the decree which awards the custody of the son, James Sherman Martin, to the defendant is affirmed without opinion.