
    The People ex rel. Lucy Allen, Respondent, v. William H. Allen, Appellant.
    
      Court of Appeals,
    
    
      March 25, 1887.
    
      Appeal. Custody of chüdren.—Where the courts below, upon a view of all the existing facts relating to the welfare and interests of the infants, had exercised their discretion in awarding to the mother the custody of the children, without assigning, to an Illinois decree, awarding to her the custody, the force of an estoppel, or the conclusive effect sometimes due to a judgment, but simply regarding it as a fact or circumstance bearing upon the discretion to be exercised, without dictating or controlling it, the court of appeals dismissed the appeal.
    Appeal from an order and judgment of the general term of the supreme court, affirming a special term order, awarding the custody of infant children to their mother.
    
      Theo. Bacon, for appellant.
    
      John M. Davy, for respondent.
   Per Curiam.

We dismiss this appeal for the reason that the courts below, upon a view of all the existing facts relating to the welfare and interest of the infants, exercised their discretion in awarding to the mother the custody of the children ; and in so doing gave to the Illinois decree not the force of an estoppel, or the conclusive effect sometimes due to a judgment, but simply regarded it as a fact or circumstance bearing upon the discretion to be exercised, without dictating or controlling it.

Appeal dismissed, with costs.

All concur.  