In Re Samuel Parker
Supreme Court of North Carolina
Habeas cokbus pe,oceediNgs .appealed from DupliN County, beard before Jones, J., at chambers in Kenansville, on 31 August, 1906, upon the petition of Egbert Hardy, for the custody of an infant in that of the respondent. Judgment for respondent. Egbert Hardy, petitioner, appealed.
1ConcurrenceHoke, J.
The petitioner, Egbert Hardy, was on 12 December, 1905, on his ex parte application, appointed guardian of his nephew, Samuel Parker, an infant without property. The mother of said Samuel died at his birth, and the child was taken by his aunt, Mrs. Swinson, by whom he has been ever since supported and with whom he still remains. The child's father died a year after its mother. Notice of the application for guardianship should have been given to Mrs. Swinson and other relatives as required by Revisal, sec. 1772. Failure to do this is an irregularity which does not render void the appointment…
2Cases cited2 opinions
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- Smith v. JohnsonSupreme Court of New Jersey · 1819
3Cited by12 opinions
- In Re MeansSupreme Court of North Carolina · 1918
- In Re BlakeSupreme Court of North Carolina · 1922
- In Re SheltonSupreme Court of North Carolina · 1932
- Atkinson v. . DowningSupreme Court of North Carolina · 1918
- Phipps v. . VannoySupreme Court of North Carolina · 1948
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