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208 Ga. 784

69 S.E.2d 874

Moody v. Gilbert

Supreme Court of Georgia

Decided March 10, 1952

Supreme Court of Georgia · decided 1952-03-10

Relies on Kilgore v. Tiller · Sheppard v. Sheppard · Alford v. Alford

Good law ✅— No negative treatment on recordhow we know

Decided 1952-03-10

How this case has been cited

Cited by 10 later decisions — most recently December 2007

10 state decisions

60195219601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Candler, Justice.

¶1 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.

¶2 Judgment reversed.

All the Justices concur. *785 Henry M. Hatcher Jr., Herbert Johnson and B. B. Bhudy, for plaintiff in error.
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