170 Ga. 502 | Ga. | 1930
On October 5, 1927, Trezevant Dalton brought suit in the superior court of Chattooga County against her husband, E. EL Dalton, praying total divorce, temporary and permanent alimony, and the custody of the minor son of the parties, a child of three years. Upon the same day Mrs. Dalton instituted habeas corpus proceedings against her husband in the court of ordinary of said county, praying that she be awarded the custody of the child. This was denied by the ordinary, who awarded the custody to the father. On December 13, 1927, the superior court passed an order reciting, that, it appearing from the undisputed evidence that the child in controversy had been awarded to the custody of the father by the court of ordinary of the county in habeas corpus proceedings, the custody should remain in the defendant, E. EL Dalton, until further order of the court, but that the mother should be allowed to visit and see the child under reasonable circumstances, and be permitted to take the child home with her once a week. On October 18, 1928, Mrs. Dalton filed a petition in the superior court, praying that her husband be adjudged in contempt of court
The court below upon the hearing should have sustained the ob
Applying the rulings here made, the court erred in punishing the plaintiff in error for contempt, inasmuch as upon the termination of the suit for divorce, alimony, and the custody of the child, in the manner pointed out above, the interlocutory orders oC the court ceased to have vitality and effect.
Judgment reversed.