Legal Opinion · Dissent

Mullen v. Mullen

Supreme Court of Virginia

Decided September 8, 1948No. Record No. 3402Published

1DissentHudgins, C. J.

I am in full accord with that part of the majority opinion which declares that the evidence introduced conclusively supports the chancellor in granting the husband a divorce a mensa et thoro-, I am equally strong in my conviction that the decree of the chancellor awarding custody of the child to the father for a major part of every year should be affirmed.

The statute, section 5111 (Michie’s Code) empowers the trial court to award the custody of minors in all controversies between husband and wife in this language: . . the court may make such further decree as it shall deem expedient…

2Cases cited12 opinions

  1. Stringfellow v. SomervilleSupreme Court of Virginia · 1898
  2. Darnell v. BarkerSupreme Court of Virginia · 1942
  3. Butler v. ButlerSupreme Court of Virginia · 1926
  4. Martin v. MartinSupreme Court of Virginia · 1936
  5. Owens v. OwensSupreme Court of Virginia · 1898

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