Subrt v. Subrt

Fairchild, J.

(dissenting in part). I agree with the affirmance of the judgment except on the matter of custody. Much of the testimony which tended to cast an unfavorable light upon the husband and wife must have been disbelieved by the trial court or else considered to have been explained away or else thought to establish facts not sufficiently serious to be grounds for divorce. Upon that state of the record we cannot determine whether there was a sufficient basis for the findings of the trial court that the husband is unfit to have custody nor that it is for the best interest of the children that they be with the grandmother. In my opinion the part of the judgment relating to custody and payment of support money should be reversed, and the cause remanded for additional findings upon the subject of custody.

I am authorized to state that Mr. Justice Steinle joins in this dissent.