Phelps v. McLeod
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Habeas Corpus by Nicholas C. Phelps against Mrs. James McLeod for the custody of two boys, children of petitioner. Prom a decree denying the writ, petitioner appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Habeas Corpus by Nicholas C. Phelps against Mrs. James McLeod for the custody of two boys, children of petitioner. Prom a decree denying the writ, petitioner appeals. The evidence tended to, show that the mother of the children, who is dgad, was the daughter of Mrs. McLeod, and that the families lived together from the time of the marriage until about a year after the death of the mother, when Mr. Phelps secured a position elsewhere and went away, leaving the children with the maternal grandmother. He has remarried, and now has…
1Opinion of the CourtBricken, P. J.
Habeas corpus by appellant, the father, against appellee, the maternal grandmother, for the custody of two hoy children aged, respectively, 11 and 3 years, the mother being dead.
[1] Coming, as this case does, from the equity side of the docket of the circuit court, counsel raise the question as to the jurisdiction of the Court of Appeals under the act creating this court to entertain the appeal. This question was submitted by counsel to the Supreme Court, and that court answered as follows:
“Per Curiam. This cause belongs in the Court of Appeals. Montgomery v. Hughes, 4 Ala. App. 245, 58…
2Cases cited1 opinion
- Montgomery v. HughesAlabama Court of Appeals · 1911
3Cited by6 opinions
- Robertson v. StateAlabama Court of Appeals · 1924
- Ex Parte State Ex Rel. ShirleyAlabama Court of Appeals · 1925
- Cross v. WillisAlabama Court of Appeals · 1938
- Pugh v. PughAlabama Court of Appeals · 1926
- Hall v. DonnellyAlabama Court of Appeals · 1933
1 more not listed; retrieve them via the Exa API.