This section contains the nature of the case and procedural background.

P sued in equity to enjoin D, his former wife who had remarried, from registering their minor children at school under the surname Kahn, which is D’s present name. D had obtained a decree nisi divorce from P under which D was awarded custody of the two children and support. D later married a man who had three children from a prior marriage. The lower court found that Ds were motivated by hostility towards P and it enjoined D from registering the children under the surname Kahn. D appealed.

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