McGough v. McGough
| Decision Date | 28 February 1903 |
| Citation | 136 Ala. 170,33 So. 860 |
| Parties | MCGOUGH v. MCGOUGH. |
| Court | Alabama Supreme Court |
Appeal from Law and Equity Court, Walker County; W. B. Appling Judge.
Petition by Mattie McGough, by her next friend, B. D. Cheatham against George McGough. From a decree for petitioner respondent appeals. Reversed.
The petition averred that petitioner and George McGough were married about 7 years ago, and lived together as husband and wife until a short time before the filing of the petition then they voluntarily separated; that there were two children born to the petitioner and George McGough--a girl about 4 years old, and a boy 1 1/2 years old; that the petitioner was in possession of said children, and had been since their separation, but that the husband was threatening to take said children from her; that the said George McGough was not a proper or suitable person to have the custody and control of the children, and to superintend the education and raising of them; that he had an ungovernable temper, and frequently cursed, abused, and violently mistreated the petitioner and the two children. The petitioner then averred that she was a suitable person to raise said children, and superintend and direct their education, and possessed the financial ability to care for them. The prayer of the petition was that a decree be rendered declaring that the petitioner should have the custody and control of said children, and that George McGough be forever restrained from in any way interfering with the petitioner in the custody, control, and education of said children. To this petition, George McGough, the respondent, demurred upon the ground that it was filed, not by Mattie McGough, a married woman, in her own behalf, but was filed by her through her next friend, B. D. Cheatham. This demurrer was overruled. The respondent filed his answer to the petition, in which he denied being an improper person to have the care and custody of such children, and to superintend their education, and averred that the petitioner was not a fit person to have such custody, care, and control of the children, by reason of her bad character. On the submission of the cause on the pleadings and proof, the chancellor rendered a decree giving the petitioner the permanent custody and control of the children. It was further decreed that the respondent, George McGough, be forever restrained and enjoined from in any way interfering with the petitioner...
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