Blackburn v. Moore
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Horace C. Wilkinson, Judge. Bill by Mrs. Monnie Blackburn Moore against J. W. Blackburn'and others to modify a former decree awarding the custody of the child and for the custody of the child. From a decree granting the relief prayed, respondents appeal.
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Appeal from Circuit Court, Jefferson County ; Horace C. Wilkinson, Judge. Bill by Mrs. Monnie Blackburn Moore against J. W. Blackburn'and others to modify a former decree awarding the custody of the child and for the custody of the child. From a decree granting the relief prayed, respondents appeal. Counsel discuss the facts in the case, and cite authorities in support of their contention that the court erred in awarding the custody of the child to the mother; but, in view of the opinion, it is not deemed necessary to set them out here. Counsel insist that the failure to note testimony on…
1Opinion
While the petition in this case is in form one for habeas corpus, it does not merely seek the release or discharge of one illegally restrained, but the relief sought and obtained was the modification of a former decree of the circuit court in equity whereby it had awarded the custody and control of a minor child and was to all intents and purposes a proceeding in equity as distinguished from an ordinary habeas corpus at law. "Any matter affecting a child may become a subject of chancery jurisdiction; and it is immaterial whether it is brought to the attention of the court by bill, petition,…
2Cases cited5 opinions
- Murphree v. HansonSupreme Court of Alabama · 1916
- McDaniel v. YoungbloodSupreme Court of Alabama · 1918
- Woodruff v. ConleySupreme Court of Alabama · 1874
- Ex Parte BlackburnSupreme Court of Alabama · 1920
- Ex Parte ShuptrineSupreme Court of Alabama · 1920