Judges: TERRELL, J.
Attorneys: Abraham J. Kaplan, and William J. Pruitt, for Appellant;
David B. Newsom, for Appellee.
Filed: Mar. 25, 1941
Latest Update: Mar. 02, 2020
Summary: The appellee filed his bill for divorce predicated on extreme cruelty and frequent indulgence in a violent and ungovernable temper. He prayed for the custody of two minor children, aged five and two. Appellee answered the bill of complaint where she denied all its material allegations and charged appellee with cruelty and habitual indulgence in a violent and ungovernable temper. She prayed for the custody of the two minor children, alimony, suit money, and attorneys' fees. On final hearing, the
Summary: The appellee filed his bill for divorce predicated on extreme cruelty and frequent indulgence in a violent and ungovernable temper. He prayed for the custody of two minor children, aged five and two. Appellee answered the bill of complaint where she denied all its material allegations and charged appellee with cruelty and habitual indulgence in a violent and ungovernable temper. She prayed for the custody of the two minor children, alimony, suit money, and attorneys' fees. On final hearing, the c..
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As this suit for divorce was brought by the husband, and as no allowance of alimony is involved, I do not think that Sec. 4987 C. G. L. (3195 of Rev. Gen. Stats.) has any application. See Baker v. Baker, 94 Fla. 1001, 1007; 114 So. 661, 664. This appears to render it unnecessary to consider the effect of the holding in Phinney v. Phinney, 77 Fla. 850, 82 So. 357. I concur in the conclusion reached to the effect that there was ample testimony to sustain the chancellor's decree. And the chancellor's jurisdiction to award the custody of the children to either the mother or the father, or partly to both, as the welfare of the child or children, and the fitness of the parent or parents, may require, is clearly vested by Section 4993 C. G. L., which is derived from an Act adopted in 1828. See McGill v. McGill, 19 Fla. 341.
