Phillips v. Phillips

Appellant appeals from an order giving her former husband, respondent, the custody of the six year old daughter of the parties.

A final decree of divorce granted the custody of said' minor to appellant. Thereafter, charging that appellant was not a fit and proper person to have the custody of the child, respondent procured an order to show cause why said decree should not be modified to the extent that he be granted her custody. The matter was set for hearing on June 19, 1939, when both sides appeared, ready for the trial of the issues involved. At that time respondent was in arrears in the…