Gibson v. Wood

Atkinson, Presiding Justice.

(After stating the foregoing-facts.) The Code, § 30-127, declares: “In all cases of divorce granted, the party not in default shall be entitled to the custody of the minor children of the marriage. The court, however, in the exercise of a sound discretion, may look into all the circumstances, and, after hearing both parties, make a different disposition of the children.” In Johnson v. Johnson, 131 Ga. 606 (1) (62 S. E. 1044), it was said in the opinion: “This section of the Code contemplates that the judge, and not the jury, shall dispose of the children of the…