Gill v. Walker
Supreme Court of South Carolina
Habeas corpus by Bessie Gill against Neely Walker and others, to .determine the right to custody of Mattie Ree Meeks, an infant. Judgment for petitioner, and defendants appeal. submit: Probate Court had jurisdiction to appoint the appellants general guardians: Vol. II, Code of Laws S. C. 1912, sec. 43. Duly appointed general guardian is entitled to the custody of the ward: 21 Cyc. 62; 21 Cyc. 64; 112 Ind. 183; 2 Am.
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Habeas corpus by Bessie Gill against Neely Walker and others, to .determine the right to custody of Mattie Ree Meeks, an infant. Judgment for petitioner, and defendants appeal. submit: Probate Court had jurisdiction to appoint the appellants general guardians: Vol. II, Code of Laws S. C. 1912, sec. 43. Duly appointed general guardian is entitled to the custody of the ward: 21 Cyc. 62; 21 Cyc. 64; 112 Ind. 183; 2 Am. St. Rep. 177. Prohate Court has power to enforce its decree: Vol. II, Code of 1912, sections 51 and 52 and 75. Possession of guardian lawfully appointed could not he illegal…
1DissentJustice Fraser
I dissent. First. The record .shows that the appellants applied to the probate Court for an appointment as guardians of the infant in dispute; that there was an order that the petitioner show cause why the appointment should not be made permanent. This rule seems to have been ignored. This the petitioner had no right to do. If authority for this is deemed necessary, it will be found in Ruling Case Raw, vol. VII, p. 1067, where it is said:
“It is a familiar principle that, when a Court of competent jurisdiction acquires jurisdiction of the subject matter of a case, its authority continues,…
2Cases cited1 opinion
- Ex Parte TownesSupreme Court of South Carolina · 1914