Murphree v. Garbee
Murphree v. Garbee
Opinion of the Court
The father of two children appeals from a habeas corpus judgment awarding them to the mother. Litigation began when the mother, Sammie Murphree Garbee, filed suit in the Superior Court of Catoosa County against the father, Donald L. Murphree.
Her complaint alleged, insofar as essential to state here, the following: that she is a resident of Lynchburg, Virginia, and he is a resident of Catoosa County, Georgia; that the children are being illegally detained by him in Catoosa County; that she was awarded exclusive custody of them by a decree of the Circuit Court of Equity of Elmore County, Alabama, dated August 5, 1968; that he failed to return them within the time allowed by a subsequent temporary custody award of a Juvenile and Domestic Relations Court in Virginia; and that the children should be delivered to her.
The father filed an answer to this complaint in which he
Upon the hearing the mother introduced an authenticated copy of the Alabama decree of divorce and award of custody of the children to her. The husband objected upon the ground that the entire record upon which it is based was not attached. The trial court overruled the objection and admitted the decree.
The mother in her testimony denied that she made any misrepresentations in obtaining the Alabama decree above referred to. She also denied the husband’s charges of her misconduct, neglect, mistreatment and unfitness.
The father submitted testimony for support of his charge of fraud in the procurement of the Alabama decree as aforesaid. He and his witnesses also testified that the mother had been guilty of the misconduct, neglect, mistreatment and unfitness. He introduced in evidence the entire proceedings upon which the Alabama decree was based.
Upon completion of the hearing the trial court entered an order awarding custody of the children to their mother.
The appeal is from that judgment. Enumerated as error,
As we appraise the questions involved in this appeal the judgment must be affirmed.
The evidence, while in sharp conflict, was sufficient for the trial court to decide that the children should be awarded to the mother.
The judgment did not ascribe any reason for the disposition but recited in material part only that "after hearing evidence thereon, it is hereby ordered, decreed and adjudged that [the children] be awarded to [the mother].”
Therefore regardless of whether the Alabama decree was improperly admitted in evidence without the proceedings, or whether it was void for fraud, since there was evidence to sustain the award to the mother, the judgment must stand.
Judgment affirmed.
Reference
- Full Case Name
- MURPHREE v. GARBEE
- Status
- Published