Baxter v. Baxter

In reversing the o»Ier of child custody made by the trial court, the Court of Appeals concluded that “the *170evidence shows conclusively that the mother is not a fit person to have the custody of this child which probably was the reason the lower court awarded the physical custody to the plaintiff’s mother.” It then found the action of the trial court in awarding custody to the plaintiff to be “against the manifest weight of the evidence.” Apparently concluding that, under these circumstances, it could only remand for new trial on the custody issue, unless its power in such respect had been…