Cummins v. Bird

Opinion of the Court by

Judge Willis

— Reversing.

The controversy in this case is between the father and maternal grandfather of Eleanor Flo Bird and concerns her custody. The circuit court decided in favor of the father, and the grandfather appeals.

Elmer F. Bird, on February 3, 1916, married Florence Cummins, a daughter of the appellant, L. Gr. Cummins. Eleanor Flo Bird is their child, and on November 20, 1928, was 12 years old. Before the baby was a year old, Mrs. Bird obtained a divorce from her husband on the ground of cruel and inhuman treatment. She was awarded the custody of the infant,…