Johnston v. Johnston

The plaintiff and defendant were married in April, 1917. Three children were born — two sons and a daughter. On June 6, 1935, the wife obtained a decree of divorce against her husband, having charged him with cruel and inhuman treatment. Defendant filed a general denial but offered no evi dence on the trial. The custody of the boys — with the consent of the mother — was awarded to the father. The girl, Katherine, now fourteen years of age, was placed in the custody of the mother.

In January, 1936, the defendant filed a motion to modify the decree by awarding to him the custody of the girl on…