Appellate Division of the Supreme Court of the State of New York March 13, 1925 (Finlay v. Finlay)

Kelby, J.:

The parties, husband and wife, are hving apart. The husband brought this action in equity to recover the custody of the two children. The defendant moved to dismiss the complaint upon the grounds: (1) That it appeared upon the face of the complaint that the court had not jurisdiction of the subject-matter of the action; and (2) that the complaint did not state facts sufficient to