107 Ga. 775 | Ga. | 1899
Mrs. McCardle brought an action for divorce against her husband, C. L. McCardle, and a divorce was granted her. In the decree the judge awarded her the custody of the children. She subsequently married Haire. The decree in the divorce proceedings allowed the father to visit the children, but the mother preferred instead to send the children to visit the father. On one occasion when two of them, under the age of twelve, were so sent to visit the father, the latter refused to return them; whereupon the mother sued out a writ of habeas corpus to obtain possession of the children thus detained. On the trial before the ordinary the father sought to amend his answer to the writ, by alleging that the minor children sued for were being reared by the mother under immoral, obscene, and indecent influences, likely to degrade their moral characters and devote them to vicious lives. The ordinary refused to allow this amendment, and awarded the children to the mother. McCardle sued out a writ of certiorari from the superior court, and on the hearing in that court the judge thereof overruled the decision of the ordinary and held that he erred in refusing to allow the amendment ,to the answer. He directed that the defendant in certiorari pay the costs of taking the case to the superior court and all the costs that accrued in that court. To this ruling and judgment the defendant in certiorari excepted.
Judgment affirmed, with direction.