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.
Read the full summary
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 of the Court
The appeal in this case is from an order on the hearing of a writ of habeas corpus. The purpose of the writ was to determine the proper custody of a minor. In the determination of that issue the paramount consideration was the well-being of the child, and that was a question of fact. The object of a bill of exceptions is to make a matter of record what would not otherwise appear as such. This court, on appeal in cases at law, cannot review findings of fact unless the evidence upon which the trial court proceeded is duly authenticated by the certificate and signature of the trial judge and so…
2Cases cited3 opinions
- Brassell v. BrassellSupreme Court of Alabama · 1921
- Lunday v. JonesSupreme Court of Alabama · 1920
- Milam-Morgan Co. v. StateSupreme Court of Alabama · 1921
3Cited by13 opinions
- Urbach v. UrbachWyoming Supreme Court · 1937
- Thomas v. ThomasSupreme Court of Alabama · 1924
- Bridges v. BridgesSupreme Court of Alabama · 1933
- Hymes v. StateSupreme Court of Alabama · 1923
- Steele v. CruteSupreme Court of Alabama · 1922
8 more not listed; retrieve them via the Exa API.