Dubois v. Dubois, 47016
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | RODGERS |
| Citation | 275 So.2d 100 |
| Parties | Franklin Eugene DUBOIS v. Lilly Valena McCarty DUBOIS. |
| Docket Number | No. 47016,47016 |
| Decision Date | 19 March 1973 |
Page 100
v.
Lilly Valena McCarty DUBOIS.
Page 101
Barnett, Montgomery, McClintock & Cunningham, James W. Nobles, Jr., Jackson, for appellant.
McLaurin & Nicols, Brandon, for appellee.
RODGERS, Presiding Justice.
Mrs. Lilly Valena McCarty Dubois was granted a divorce from her husband, Franklin Eugene Dubois, by a decree of the Chancery Court of Rankin County, Mississippi, upon the ground of adultery. They have three children-Eugenia, nine years of age; Franklin Eugene, Jr., seven years of age; and Daniel Lavon, four years of age.
The decree granted the mother custody of the children. She was awarded the use of their home and an automobile, and the husband, Franklin Eugene Dubois, was required to pay Mrs. Dubois eighty dollars ($80.00) per week as support for their minor children. Mr. Dubois was awarded visitation privileges to see the children on stated occasions. The decree, however, provided: '(T)hat the said children on said visitation period shall not be taken outside of Rankin County, Mississippi, without prior approval of the court; . . .'
On appeal to this Court, the appellant contends that the testimony is insufficient to establish the alleged ground for divorce; that the child support required to be paid is excessive; and that in any event he should be permitted to take the children out of Rankin County on his periods of visitation.
We have carefully examined the recorded testimony in this case, and we are convinced that there is no merit in the first two assignments of error. There is sufficient evidence to establish the ground for divorce as alleged in the original bill of divorce, and the testimony sustains the decree of the court as to the amount of money the father should pay to the mother for the support of their children. Moreover, the chancellor is the judge of the weight and worth of the testimony and the court's decree based upon the evidence will not be disturbed unless manifestly wrong. Brent v. Cox, 246 So.2d 552 (Miss.1971); Allen v. Thompson, 248 Miss. 544, 158 So.2d 503 (1963); Stovall v. Stovall, 218 Miss. 364, 67 So.2d 391 (1953).
The chancellor has authority (Sec. 2743, Miss.Code 1942 Ann. (1956)) to award custody of children in a divorce proceeding and to restrict permitted visitations. Moreover, the authority of the chancery court has been extended so as to cover all cases with reference to child custody. Section...
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Magee v. Magee, 93-CA-00512-SCT
...at 351 (Miss.1992). "[T]he chancellor is the judge of the weight and worth of the testimony" in a divorce proceeding. Dubois v. Dubois, 275 So.2d 100, 101 (Miss.1973). See also Rainey v. Rainey, 205 So.2d 514 (Miss.1967). In the case at bar, the decision of the chancellor with respect to th......
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Century 21 Deep South Properties, Ltd. v. Corson, 89-CA-1099
...Cheeks v. Herrington, 523 So.2d 1033, 1035 (Miss.1988), citing Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986); Dubois v. Dubois, 275 So.2d 100 This Court does not sit to redetermine questions of fact. Johnson v. Black, 469 So.2d 88, 90 (Miss.1985), on motion for statutory damages, 480 So.......
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Estate of Mason, Matter of, 90-CA-1070
...Cheeks v. Herrington, 523 So.2d 1033, 1035 (Miss.1988), citing Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986); Dubois v. Dubois, 275 So.2d 100 (Miss.1973). See also Jordon v. Warren, 602 So.2d 809, 812 (Miss.1992). This Court does not sit to redetermine questions of fact. Johnson v. Black......
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Mizell v. Mizell, 92-CA-00500-SCT
...to examine on appeal. "[T]he chancellor is the judge of the weight and worth of the testimony" in a divorce proceeding. Dubois v. Dubois, 275 So.2d 100, 101 (Miss.1973). See also Rainey v. Rainey, 205 So.2d 514 (Miss.1967). ¶52 Contempt can only be willful. "A contempt citation is proper on......
-
Magee v. Magee, No. 93-CA-00512-SCT
...at 351 (Miss.1992). "[T]he chancellor is the judge of the weight and worth of the testimony" in a divorce proceeding. Dubois v. Dubois, 275 So.2d 100, 101 (Miss.1973). See also Rainey v. Rainey, 205 So.2d 514 (Miss.1967). In the case at bar, the decision of the chancellor with respect to th......
-
Estate of Mason, Matter of, No. 90-CA-1070
...Cheeks v. Herrington, 523 So.2d 1033, 1035 (Miss.1988), citing Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986); Dubois v. Dubois, 275 So.2d 100 (Miss.1973). See also Jordon v. Warren, 602 So.2d 809, 812 (Miss.1992). This Court does not sit to redetermine questions of fact. Johnson v. Black......
-
Century 21 Deep South Properties, Ltd. v. Corson, No. 89-CA-1099
...Cheeks v. Herrington, 523 So.2d 1033, 1035 (Miss.1988), citing Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986); Dubois v. Dubois, 275 So.2d 100 This Court does not sit to redetermine questions of fact. Johnson v. Black, 469 So.2d 88, 90 (Miss.1985), on motion for statutory damages, 480 So.......
-
Mizell v. Mizell, No. 92-CA-00500-SCT
...to examine on appeal. "[T]he chancellor is the judge of the weight and worth of the testimony" in a divorce proceeding. Dubois v. Dubois, 275 So.2d 100, 101 (Miss.1973). See also Rainey v. Rainey, 205 So.2d 514 (Miss.1967). ¶52 Contempt can only be willful. "A contempt citation is proper on......