Legal Opinion

In Re the Restraint of Cranford

Supreme Court of North Carolina

Decided November 9, 1949PublishedCited by 11 opinions

1Opinion of the CourtSeawell, J.

The petitioner, having suffered an adverse decision below, now makes an ore tenus objection to the jurisdiction of the trial court, and moves to dismiss the proceeding, intending, we understand, to bring her grievance to the Juvenile Court (G.S. 110-21 to -44) as a court having exclusive jurisdiction of the subject matter. This brings up the necessity of clarifying the jurisdiction, in limine, in order to see whether, with procedural propriety, we can reach decision on the merits.

Prior to the creation of the Juvenile Court habeas corpus was the recognized procedure for determining the custody…

2Cases cited10 opinions

  1. Shepard v. . LeonardSupreme Court of North Carolina · 1943
  2. Latham v. . EllisSupreme Court of North Carolina · 1895
  3. In Re SheltonSupreme Court of North Carolina · 1932
  4. In Re Habeas Corpus of JonesSupreme Court of North Carolina · 1910
  5. In Re the Custody of TenhoopenSupreme Court of North Carolina · 1932

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Petersen v. RogersSupreme Court of North Carolina · 1994
  2. Dellinger v. BollingerSupreme Court of North Carolina · 1955
  3. In Re the Custody of SaulsSupreme Court of North Carolina · 1967
  4. Jolly v. QueenSupreme Court of North Carolina · 1965
  5. Murphy v. MurphySupreme Court of North Carolina · 1964

6 more not listed; retrieve them via the Exa API.

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