Cook v. Echols
Alabama Court of Appeals
Appeal from Probate Court, Morgan County; L. P. Troup, Judge. Habeas corpus by G. W. and Annie Cook against Joe Echols and Ida Echols to recover the custody of George Cook, an infant. From a decree denying the prayer of the petition the petitioners appeal. The response to the petition was: (1) That Cook had given the child to respondents. (2) That the respondent Joe Echols had adopted said child as required by law.
Read the full summary
Appeal from Probate Court, Morgan County; L. P. Troup, Judge. Habeas corpus by G. W. and Annie Cook against Joe Echols and Ida Echols to recover the custody of George Cook, an infant. From a decree denying the prayer of the petition the petitioners appeal. The response to the petition was: (1) That Cook had given the child to respondents. (2) That the respondent Joe Echols had adopted said child as required by law. (3) The Cooks are not suitable persons to have the care and custody of said child, and are not able to maintain and rear him. (4) The Cooks willfully abandoned said child, and such…
1Opinion of the CourtBrown, P. J.
[1] The respondents, without in any way raising the question that in the absence of a traverse the facts stated in the answer or return must be taken as true, allowed the court to proceed with the trial of the case on the merits, as though the facts stated in the return had been properly, traversed and issue joined thereon. This course operated as a waiver of formal traverse, and the case will be considered here on the merits as presented by the proof. Montgomery v. Hughes, 4 Ala. App. 245, 58 South. 113; Stewart v. Smith, ante, p. 461, 78 South. 724, and cases cited; Tyson v. Decatur Land…
2Cases cited6 opinions
- Murphree v. HansonSupreme Court of Alabama · 1916
- Montgomery v. HughesAlabama Court of Appeals · 1911
- Prince v. PrinceSupreme Court of Alabama · 1914
- Tyson v. Decatur Land Co.Supreme Court of Alabama · 1898
- Harrist v. HarristSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Aaron v. StateAlabama Court of Appeals · 1966
- Payne v. GrahamAlabama Court of Appeals · 1925
- Ferguson v. KleinCourt of Appeals of Kentucky (pre-1976) · 1938
- Black v. MontgomeryAlabama Court of Appeals · 1919
- Morris v. MorrisAlabama Court of Appeals · 1923
5 more not listed; retrieve them via the Exa API.