Smith v. Smith

Quillian, Justice.

The instant case is here for review from a custody award of two minor children to the plaintiff wife (their’ mother) on her petition for habeas corpus brought against her husband (their father) and his mother. The defendants except and assign error to adverse rulings which denied their plea in abatement, motion to quash and motion for direction. We consider these rulings in the order named. Held:

1. The plea in abatement was predicated on the grounds that there was a similar action pending in the Superior Court of Chatham County. In his order overruling the plea the trial…