Baker v. Durham
Supreme Court of Arkansas
Appeal from Faulkner Chancery Court; Jeremiah G. Wallace, Chancellor; STATEMENT BY THE COURT. At the March term, 1908, the Faulkner Chancery Court rendered a decree, granting to the appellant, H. G. Baker, a decree of absolute divorce from his wife, the appellee, now Fannie B. Durham. Although duly served with summons,, the appellee did not appear to deny the allegations against her, nor to resist the suit.
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Appeal from Faulkner Chancery Court; Jeremiah G. Wallace, Chancellor; STATEMENT BY THE COURT. At the March term, 1908, the Faulkner Chancery Court rendered a decree, granting to the appellant, H. G. Baker, a decree of absolute divorce from his wife, the appellee, now Fannie B. Durham. Although duly served with summons,, the appellee did not appear to deny the allegations against her, nor to resist the suit. The custody of the infant child of the appellant and appellee, Ida E. Baker, then only a few months old, was at the time temporarily given to appellee, the decree of the court stating…
1Opinion of the Court
Wood, J.,
(after stating the facts). “By statute, as well as by common law, the father (unless incompetent or unfit) is ■the natural guardian, and entitled to the custody, care and education of his minor children.” Boles v. Dickson, 32 Ark. 96; sec. 3757, Kirby’s Digest; 21 Enc. Law, 1036, 1037.
In Verser v. Ford, 37 Ark. 30, this court, through Judge Eakin, said: “Any system of jurisprudence which would enable the courts in their discretion, and with a view solely to fhe child’s best interests, to take from him that right, and interfere with those duties, would be intolerably tyrannical, as…
2Cases cited2 opinions
- Coulter v. SypertSupreme Court of Arkansas · 1906
- Wofford v. ClarkSupreme Court of Arkansas · 1907
3Cited by27 opinions
- Bourquin v. BourquinMontana Supreme Court · 1930
- Miller v. MillerSupreme Court of Arkansas · 1945
- Parks v. CrowleySupreme Court of Arkansas · 1953
- Keneipp v. PhillipsSupreme Court of Arkansas · 1946
- Drewry v. DrewryCourt of Appeals of Arkansas · 1981
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