165 Ga. 243 | Ga. | 1927
On September 1, 1936, Tallulah Aiken Black filed her petition against E. B. Black, for total divorce, for the custody of their daughter of three years, for counsel fees, and for injunction. The husband filed his answer in which he denied the substantial allegations of the petition, and alleged “by way of cross-bill that plaintiff was cruel and inhumane to defendant,' that she deserted him in his hour of affliction, that she often told him she cared nothing for him, has abused him in divers ways, all of which has added to his already heavy burden, and caused him much pain and suffering.” He asked that the child be awarded to himself, Mrs. J. W. Black, or Mrs. P. A. Hughes. On April 30, 1937, certain affidavits were delivered to the judge, with an announcement from the parties that a settlement was pending between them, and that he was to take the affidavits without any argument or comments by counsel for either party; and that in the event a settlement could not be reached by May 7, 1937, then the judge was to make an award of the child, from the evidence contained in these affidavits. They were not to be read by either party pending the negotiations for a settlement. On May 3, 1937, the wife was notified by the husband that all negotiations for a
Judgment reversed.
