Butler v. Butler

The petition by the wife against the husband is for the custody of three children, ages 9, 7, and 4. Its averments are in conformity with the provisions of section 8278, Code of 1923, in cases of voluntary separation of husband and wife, and the demurrer was properly overruled. The proof also brings the case within the statute by showing a voluntary separation.

The parties live in the country where the husband’s parents had raised their family, some twenty-two miles from Florence, and have so resided for several years. His unmarried sisters reside in the same house with petitioner, her…