Smith v. McDaniel

Candler, Justice.

The plaintiff filed a petition in the Superior Court of Glynn County against his divorced wife and prayed for a rule nisi requiring her to show cause at a time and place to be fixed by the court why a judgment or decree of that court which awarded custody of two of their minor children to her with “reasonable visitation rights” in him should not be construed. An oral motion to dismiss his petition on the ground that it stated no cause of action for the relief sought was overruled and the exception is to that judgment. Held:

It is settled by the decisions in Carswell v.…