Loggins v. Loggins

Duckworth, Justice.

While the evidence is in conflict, it is sufficient to authorize the judge, in the exercise of the discretion vested in him by the Code, §§ 30-127, 30-206, and 74-107, to render the judgment excepted to. Counsel for the plaintiff recognizes these rules of law, and virtually concedes that the evidence would authorize the judge in the exercise of a discretion to render the judgment excepted to; but he insists that the judgment is erroneous, because the record shows that the judge failed to exercise any discretion, and based his judgment upon an erroneous conception of the…