Allman v. Register

The question of the fitness or unfitness of the plaintiff to have custody of her children was not an issue in the hearing below. The validity of the judgment, from which she appeals, depends on whether the children involved herein were domiciled in North Carolina at the time this proceeding was instituted. It must be conceded that unless the children were domiciled in this State at such time, the court below was without jurisdiction to award their custody, except in con formity with the decree theretofore entered in the Circuit Court of Henrico County, Virginia. Burns v. Shapley, 16 Ala. App.…