Ball v. Smith
Court of Appeals of Texas
Appeal from District Court, Travis County; Chas. A. Wilcox, Judge. Habeas corpus, on the relation of F. M. Ball, against Edgar Smith and others. Decree for defendants, and relator appeals. This action was brought by relator, F. M. Ball, against.
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Appeal from District Court, Travis County; Chas. A. Wilcox, Judge. Habeas corpus, on the relation of F. M. Ball, against Edgar Smith and others. Decree for defendants, and relator appeals. This action was brought by relator, F. M. Ball, against. Edgar Smith, W. B. Smith, and D. I-I. Hart, respondents, for writ of habeas corpus to recover the custody and control of his two minor children, Derie. and Hart-well Ball, aged, respectively, 12 and 8 years, alleging that they were illegally restrained of their liberty by them. By cross-action respondents sought to recover through ha-beas corpus…
1Opinion of the CourtRice, J.
(after stating the facts as above). [1] By natural law, the custody of the child is given to the parent, .for the reason that it is presumed that out of this relationship flow.such love and affection for the child as would promote its best interests; but this is not an inalienable or paramount right. In the event' of a failure on the part of the parent from any cause to perform this sacred trust, the state has the right to interfere and take from his custody the child, to the end that it may be properly reared and brought up. This is done in the interest of society and good government. It is…
2Cases cited6 opinions
- Legate v. LegateTexas Supreme Court · 1894
- State Ex Rel. Wood v. DeatonTexas Supreme Court · 1900
- In re BortSupreme Court of Kansas · 1881
- United States v. GreenU.S. Circuit Court for the District of Rhode Island · 1824
- Schneider v. SchwabeCourt of Appeals of Texas · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Davis v. SearsTexas Commission of Appeals · 1931
- Noble v. NobleCourt of Appeals of Texas · 1916
- Carter v. LambertCourt of Appeals of Texas · 1919
- Northcutt v. NorthcuttCourt of Appeals of Texas · 1926
- Sears v. DavisCourt of Appeals of Texas · 1929
7 more not listed; retrieve them via the Exa API.