Moody v. Gilbert

• Decision Date: 10 March 1952
• Docket Number: No. 17777,17777
• Citation: 208 Ga. 784,69 S.E.2d 874
• Parties: MOODY v. GILBERT.
• Court: Georgia Supreme Court

Page 874

69 S.E.2d 874

208 Ga. 784

MOODY v.GILBERT.

No. 17777.

Supreme Court of Georgia.

March 10, 1952.

Henry M. Hatcher, Jr., Herbert Johnson and R. R. Rhudy, all of Atlanta, for plaintiff in error.

No appearance, for defendant in error.

Syllabus Opinion by the Court

CANDLER, Justice.

Where, as here, the judgment sought to be reviewed is one by the judge of a superior court fixing the custody of a minor child, and the record shows that the judge, before rendering the judgment complained of, referred the matter of custody to the juvenile court for investigation, report and recommendation, his judgment will be reversed when the record shows, as it does in this case, that it is based, in part at least, upon information obtained from such report.See, in this connection, Alford v. Alford, 190 Ga. 562, 9 S.E.2d 895;Kilgore v. Tiller, 194 Ga. 527, 22 S.E.2d 150;Everett v. Sharpe, 207 Ga. 502, 504, 63 S.E.2d 1;Sheppard v. Sheppard, 208 Ga. 422(3), 67 S.E.2d 131.Fundamental to our system of jurisprudence is the right of a party litigant to be confronted with those who testify against him; and respect for judgments and decrees will not survive its abrogation.

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