Musgrove v. . Kornegay
Supreme Court of North Carolina
This was a writ of habeas corpus, returned before Shepherd, J., and heard in open Court, Eall Term, 1859, of Wayne Superior Court. The bodies of Simon and Lucretia, colored children, were brought before his Honor upon the petition of the plaintiff, and the defendant showed as the cause for detaining them, that the petitioner, who is the father of these children, had executed a deed to the defendant, purporting to bind them to him as apprentices.
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This was a writ of habeas corpus, returned before Shepherd, J., and heard in open Court, Eall Term, 1859, of Wayne Superior Court. The bodies of Simon and Lucretia, colored children, were brought before his Honor upon the petition of the plaintiff, and the defendant showed as the cause for detaining them, that the petitioner, who is the father of these children, had executed a deed to the defendant, purporting to bind them to him as apprentices. It appeared that the boy Simon was over twelve years old at the time of this transaction, and assented to the binding, and served the defendant three…
1Opinion of the CourtPearson, C. J.
We are satisfied that the case is properly constituted in this Court by the appeal, under the provisions of the statute ; Acts of 1858, ch. 53. The enacting clause uses general words: “In all cases of habeas corpus, before any judge or court, where a contest shall arise in respect to the custody of minor children,” &c., “in such cases, either party-may appeal,” &c. Admitting that in cases of ambiguity the generality of a statute may be restrained by the preamble, Blue v. McDuffie, Bus. Rep. 131, it has no such effect in this case, for although express reference is made to the particular…
2Cited by7 opinions
- Newsome v. . BunchSupreme Court of North Carolina · 1907
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
- In Re BlakeSupreme Court of North Carolina · 1922
- Foster v. FosterSupreme Court of North Carolina · 1965
- Hiatt v. . GilmerSupreme Court of North Carolina · 1846
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