Smith v. Smith

*238The opinion of the court was delivered by

Dunbar, J.

The only real controversy presented in this case, or at least the only error which was alleged in the oral discussion in this court, was the awarding of the care and custody of the daughter, Mildred Helen Smith, to the plaintiff.

An examination of the long record in this case fails to convince us that the mother is not a proper person to have the care and control of her children, and, the children both being of tender years, under the general rule their care and custody should have been awarded to the mother, the defendant in this ease. The…