Decker v. Decker
Supreme Court of Alabama
Appeal from Marshall Chancery Court. Heard before Hon. W. H. Simpson. Bill by Ether M: Decker against George M. Decker for divorce, alimony and the custody of the child. From a decree for complainant, respondent appeáls.
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Appeal from Marshall Chancery Court. Heard before Hon. W. H. Simpson. Bill by Ether M: Decker against George M. Decker for divorce, alimony and the custody of the child. From a decree for complainant, respondent appeáls. The only matter presented is the decree awarding permanent custody and control of Paul Decker to its mother, and it is insisted that the court erred in making this award permanent. — Cornelius v. Cornelius, 31 Ala. 479; Mc-Gough v. McGough, 136 Ala. 170. Notwithstanding section 3808, Code 1907, the primary right to the custody of the child is in the father, and complainant…
1Opinion of the CourtSayre, J.
In appellee’s suit for divorce, alimony, and the custody of her children, the decree awarded relief as prayed, except that the custody and control of the elder child, a boy of eight years, was awarded to the defendant, appellant. The custody and control of the younger child, a boy of five, was.awarded to complainant. Defendant appeals, but complains only of that provision of the decree which gave the younger child to the mother. He complains especially that the decree undertook to make the mother’s custody permanent.
We will not enter upon a discussion of the testimony upon which the parties…
2Cases cited1 opinion
- Bryan v. BryanSupreme Court of Alabama · 1859
3Cited by19 opinions
- Sparkman v. SparkmanSupreme Court of Alabama · 1927
- Hayes v. HayesSupreme Court of Alabama · 1915
- Coleman v. ColemanSupreme Court of Alabama · 1916
- White v. WhiteSupreme Court of Alabama · 1945
- Hardy v. HardySupreme Court of Alabama · 1948
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