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Moody v. Gilbert

Supreme Court of Georgia
Mar 10, 1952
69 S.E.2d 874 (Ga. 1952)

Opinion

17777.

ARGUED FEBRUARY 12, 1952.

DECIDED MARCH 10, 1952.

Custody of child. Before Judge Guess. DeKalb Superior Court. October 16, 1951.

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


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.

Judgment reversed. All the Justices concur.

No. 17777. ARGUED FEBRUARY 12, 1952 — DECIDED MARCH 10, 1952.


Summaries of

Moody v. Gilbert

Supreme Court of Georgia
Mar 10, 1952
69 S.E.2d 874 (Ga. 1952)
Case details for

Moody v. Gilbert

Case Details

Full title:MOODY v. GILBERT

Court:Supreme Court of Georgia

Date published: Mar 10, 1952

Citations

69 S.E.2d 874 (Ga. 1952)
69 S.E.2d 874

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