Ashby v. . Page
Supreme Court of North Carolina
This is an appeal from a judgment of Gilmer, J., rendered at November Term, 1889, of tlie Superior Court of Stokes County, affirming the judgment of the Clerk of the Superior Court, refusing to grant the application of the petitioner to have her infant daughter, Mary E. M. Calhoun, aged eleven years'and five months, apprenticed to her husband, John H. Ashby, and apprenticing said infant to defendant.
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This is an appeal from a judgment of Gilmer, J., rendered at November Term, 1889, of tlie Superior Court of Stokes County, affirming the judgment of the Clerk of the Superior Court, refusing to grant the application of the petitioner to have her infant daughter, Mary E. M. Calhoun, aged eleven years'and five months, apprenticed to her husband, John H. Ashby, and apprenticing said infant to defendant. The petition was filed May 6th, 1889. Upon the hearing of the petition before the Clerk, John H. Page filed an answer, setting forth— 1. That he has had the care and custody of said Mary E. M.…
1Opinion of the Court
Davis, J.:
The judgment of the Court below seems to have been based upon the assumption that it was within the discretion of the Court to apprentice the child to “the most suitable person to raise and care” for her, and provide for her “a good home,” for these are the only facts found. This is a misapprehension of the law.
Chapter 169 of the Acts of 1889, “in relation to indigent and other apprentices” (by which the present case is governed), authorizes the Clerk to apprentice (1) “All orphans whose estates are of so small value that no person will educate and maintain them for the benefit…
2Cases cited1 opinion
- Mitchell v. . MitchellSupreme Court of North Carolina · 1872
3Cited by10 opinions
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- In Re the Restraint of CranfordSupreme Court of North Carolina · 1949
- In Re the Adoption of DoeSupreme Court of North Carolina · 1949
- Wall v. HardeeSupreme Court of North Carolina · 1954
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