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MILLS v. MILLS

21942.

218 Ga. 686 (1963)

130 S.E.2d 221

MILLS v. MILLS.

Supreme Court of Georgia.

Decided March 7, 1963.

Attorney(s) appearing for the Case

D. Field Yow, Jay M. Sawilowsky, for plaintiff in error.

Cumming, Nixon, Eve, Waller & Capers, D. Hugh Connolly, contra.

ALMAND, Justice.

This writ of error presents but one question: In an action for divorce by the wife on the ground of cruel treatment and a cross-action by the husband on the ground of adultery in which both prayed for the custody of their minor child, and a divorce is granted on the husband's cross-petition, did the court err in awarding the child to its maternal grandparents?

Code § 30-127, as amended (Ga. L. 1957, p. 412), provides that

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