Ex Parte Scurry
Supreme Court of South Carolina
Before MclvER, J., Richland, February, 1920. Petition by James Scurry, father, for custody of children. Upon decree awarding the custody to the mother, Mattie Scurry, James Scurry appeals. cite: In suit for custody of child it must be clearly shown that the proper care cannot be expected of the father; or else the father is entitled to custody: 73 S. C. 296; R. C. E., p. 1216, note 13. Father has paramount right to custody of children unless it is shown that he is unfit and…
Read the full summary
Before MclvER, J., Richland, February, 1920. Petition by James Scurry, father, for custody of children. Upon decree awarding the custody to the mother, Mattie Scurry, James Scurry appeals. cite: In suit for custody of child it must be clearly shown that the proper care cannot be expected of the father; or else the father is entitled to custody: 73 S. C. 296; R. C. E., p. 1216, note 13. Father has paramount right to custody of children unless it is shown that he is unfit and unsuitable: 75 S. C. 220. Oral argument.
1Opinion of the Court
The opinion of the 'Court was delivered by
Mr. Justice Fraser.
This is a proceeding in habeas corpus to determine the right to the possession of four children of the petitioner and respondent. The parties to these proceedings charge each other with serious immorality.
While there are suspicious circumstances against the petitioner, there is no satisfactory proof. The respondent has been convicted of larceny. The respondent would not live with the petitioner, and care for his household herself, nor would she allow his sister to live with the petitioner in peace. The petitioner then went for his…
2Cited by2 opinions
- Powell v. PowellSupreme Court of South Carolina · 1957
- Clardy v. FordSupreme Court of South Carolina · 1943