Legal Opinion

Stanton v. Franklin

Court of Appeals of Texas

Decided December 14, 1921No. 6647. [fn*]PublishedCited by 5 opinions

Appeal from District Court, Bexar County ; Robert W. B. Terrell, Judge. Habeas corpus by Bertha Franklin and husband to recover custody of children restrained of their liberty by R. D. Stanton. From a judgment awarding custody of the children to the mother, the- defendant appeals.

1Opinion of the Court

FLY, O. J.

Bertha Franklin, joined by her husband, sought, through a writ of habeas corpus, to recover the custody of her children, David Homer Stanton, a boy nine years of age, and Virgil Roy Stanton, a boy six years of age, who, it was alleged, were illegally restrained of their liberty by R. D. Stanton. Mrs. Franklin alleged that she was the mother of the two boys, whose father was dead, and was entitled to the custody of her children. Appellant answered that Mrs. Franklin abandoned her children about February 1, 1919, and for more than three yeárs had failed and refused to support them,…

2Cases cited1 opinion

  1. Powell v. OttCourt of Appeals of Texas · 1912

3Cited by5 opinions

  1. Fitts v. CarpenterCourt of Appeals of Texas · 1939
  2. Platt v. MooreCourt of Appeals of Texas · 1944
  3. Sears v. DavisCourt of Appeals of Texas · 1929
  4. Smith v. WallerCourt of Appeals of Texas · 1967
  5. Harris v. TuckerCourt of Appeals of Texas · 1952

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