Watts v. Smylie
Mississippi Supreme Court
Appeal from the chancery court of Amite county. Hon. R. W. Ctjtrer, Chancellor. Proceedings in habeas corpus by Mrs. R. H. Watts against Mack Smylie and another: From a decree for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court. It is the law, and has been in the state of Mississippi through all the ages, that the parents, if they be worthy, are entitled to have the custody and possession of their children.
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Appeal from the chancery court of Amite county. Hon. R. W. Ctjtrer, Chancellor. Proceedings in habeas corpus by Mrs. R. H. Watts against Mack Smylie and another: From a decree for defendants, plaintiff appeals. The facts are fully stated in the opinion of the court. It is the law, and has been in the state of Mississippi through all the ages, that the parents, if they be worthy, are entitled to have the custody and possession of their children. In fact the evidence is so strong in favor of the appellant, and it seems the law is so plain that the decision of the court was most arbitrary and…
1Opinion of the CourtSmith, C. J.
Appellant was formerly the wife of Jóhn A. Smylie, now deceased, of which marriage there was born in April, 1908, one child, John A. Smylie, Jr., the subject of this controversy. In May, .1912, she was granted a divorce from Smylie, the decree so adjudging containing no provision relative to the custody of the child, which was then about four years old, but the father retained its custody, by agreement with appellant, and placed it with appelees, his brother and sister, who gave him its board, he. bearing its other expenses. The separation of appellant and Smylie occurred in the city of…
2Cases cited2 opinions
- Hibbette v. BainesMississippi Supreme Court · 1900
- Moore v. ChristianMississippi Supreme Court · 1879
3Cited by11 opinions
- Simpson v. RastMississippi Supreme Court · 1972
- In Re GilleCalifornia Court of Appeal · 1924
- Cassell v. CassellMississippi Supreme Court · 1951
- Honeywell v. AaronMississippi Supreme Court · 1956
- Mitchell v. PowellMississippi Supreme Court · 1965
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