Miller v. Miller

LESLIE, Justice.

Ruby Morris Miller instituted this suit against Alex Miller to obtain a divorce on the ground of three years’ abandonment and cruel treatment. The defendant answered by general denial and filed a cross-action for divorce on the grounds of abandonment, and further sought the custody of their six year old. son. The trial was before the court without a jury. The judgment awarded divorce to the defendant on his cross-action, but granted the custody and control of the child to the mother. From that portion of the judgment awarding the custody of the child, the defendant prosecutes…