Brown v. Robertson
Supreme Court of South Carolina
Before Krugh, J., Richland, July, 1906. Petition for a writ of habeas corpus by W. F. Brown against Emma Robertson for the possession of an infant, Richard Allen.
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Before Krugh, J., Richland, July, 1906. Petition for a writ of habeas corpus by W. F. Brown against Emma Robertson for the possession of an infant, Richard Allen. From Circuit decree, petitioner appeals. cites: The veelfare and interest of the child should, govern the Court: 72 S. C., 18; 73 S. C., 296; 15 Ency., 187; 51 R. R. A., 818; 51 R. R. A., 929. Contract of parent to surrender custody of child is held by some Courts void, as being against public policy: 6 R. R. A., 672; 51 R. R. A., 813; 15 Ency., 188.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
Capt. W. F. Brown, the appellant, made application before Judge Klugh for a writ of habeas corpus, alleging in his petition:
“1. That he is the captain and commander of the Salvation Army Post at Columbia, S. C., which is engaged in religious and benevolent work in and about the city.
“2. That he has found Richard Allen, an infant white child, of the age of about one year, in the care and keeping of and making its home with Emma Robertson, who is a negro woman living at or near 709 Richland street.
“3. That said Emma Robertson is an…
2Cases cited3 opinions
- Cormack v. MarshallIllinois Supreme Court · 1904
- In re KingSupreme Court of Kansas · 1903
- Anderson v. YoungSupreme Court of South Carolina · 1899
3Cited by10 opinions
- Ex Parte TillmanSupreme Court of South Carolina · 1910
- Commonwealth Ex Rel. Ebel v. KingSuperior Court of Pennsylvania · 1948
- In Re StuartWashington Supreme Court · 1926
- In Re Borcherding's CustodySupreme Court of Oklahoma · 1945
- Ex Parte RembertSupreme Court of South Carolina · 1909
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