Madison v. Montgomery

Candler, Justice.

(After stating the foregoing facts.) Since no contention is made to the contrary, we will deal with the instant case upon the assumption that the effect of the decree rendered in the divorce and alimony case between these parties was to award custody and control of the child presently involved to his mother. In cases of this character there is always one person not at fault, namely, the unfortunate child. Therefore our first consideration of the case will relate to the disposition which the trial judge made of him. The mother earnestly insists that a court of competent…