Hanby v. Hanby

(after stating the facts as above).

The assignments of error relate to the court’s decree in so far as it deals with the custody of the child, La Bose Ann Hanby.

Although the decree in form awards the custody of the child to its maternal grandparents, in the light of the facts and the recital of the decree, it in substance awards the custody to the mother whose infidelity to the marital vows is made the predicate for dissolving the marriage bonds. This court in Anonymous, 55 Ala. 428, 432, 433, speaking of the influence of a mother whose life was shown to be blameless, stated as a truism, that:…