Legal Opinion

Adams v. Wright

Supreme Court of Alabama

Decided November 15, 1900PublishedCited by 22 opinions

Appeal from the 'Chancery Court of Bulloch. Heard before the Hon. William L. Parks. The appellant, D. J. Adams, as the guardian of the person and property of Charles Wright Adams, a minor, filed his petition in the chancery court of Bullock county, praying for a writ of habeas corpus, and that upon the return of said writ the custody and possession of said minor, Charles Wright Adams, be awarded to him as such guardian.

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Appeal from the 'Chancery Court of Bulloch. Heard before the Hon. William L. Parks. The appellant, D. J. Adams, as the guardian of the person and property of Charles Wright Adams, a minor, filed his petition in the chancery court of Bullock county, praying for a writ of habeas corpus, and that upon the return of said writ the custody and possession of said minor, Charles Wright Adams, be awarded to him as such guardian. The cause was submitted for final hearing to the chancellor in vacation, and in vacation he rendered a decree in which he denied the relief prayed for, and ordered the…

1Opinion of the CourtSharpe, J.

This appeal is certified as coming from the chancery court. -It appears that the cause was both submitted to the chancellor and decided by him between the time fixed by law for the adjournment of the September term, 1899, of the chancery court and the next legal term of that court. It does not appear that there was a written consent to the rendition of a decree in vacation. Unless a cause be submitted during the sitting of the court and held' oyer by the chancellor as provided by chancery rule 79 and section 845 of the Code, or there be a consent in writing for a decree in vacation according…

2Cases cited1 opinion

  1. Ex parte Branch & Co.Supreme Court of Alabama · 1879

3Cited by22 opinions

  1. Wynn v. McCraneySupreme Court of Alabama · 1908
  2. Johnson v. JohnsonSupreme Court of Alabama · 1913
  3. Hayes v. HayesSupreme Court of Alabama · 1915
  4. Hurt v. KnoxSupreme Court of Alabama · 1930
  5. Zaner v. ThrowerSupreme Court of Alabama · 1919

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