Taber

The main question involved on this appeal is whether the trial court abused its discretion in awarding the custody of two minor children of tender years to the father, on the ground that the mother was not a fit and proper person to have the custody of said children.

The controversy arose out of a divorce action brought by the husband against the wife on the ground of cruelty. In a second cause of action the husband charged the wife with adultery. The husband likewise alleged that the wife was not a fit and proper person to have the custody of the children. The defendant answered, denying all the material allegations of the complaint and cross-complained, alleging cruelty. The co-respondent, named in the complaint, answered, denying the allegations of adultery. On the issues thus formed the case proceeded to trial. The trial court found, upon ample evidence, in favor of plaintiff’s allegations of cruelty, but found against the charge of adultery, and likewise found against.all the allegations in the cross-complaint.. There was a specific finding that defendant was not a fit or proper person to have the custody of the minor children, and the trial court awarded the same to the…