Kirkbride v. Harvey
Supreme Court of Alabama
AppbaIj from the City Court of Mobile. Heard before the Hon. O. J. Semmes. The appellee, K. B. I-Iarvey, filed a petition for habeas corpus, addressed to the Judge of the City Court of Mobile, in which he sought to obtain the custody and control of his infant daughter, Marina E. Harvey, a little girl of five and a half years old, and who was, at the time of the filing of the petition, in the custody and control of the appellant, E. B. Kirkbride.
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AppbaIj from the City Court of Mobile. Heard before the Hon. O. J. Semmes. The appellee, K. B. I-Iarvey, filed a petition for habeas corpus, addressed to the Judge of the City Court of Mobile, in which he sought to obtain the custody and control of his infant daughter, Marina E. Harvey, a little girl of five and a half years old, and who was, at the time of the filing of the petition, in the custody and control of the appellant, E. B. Kirkbride. The facts of the case are sufficiently stated in the opinion. Upon the hearing of the cause, the judge of the city court granted the prayer of the…
1Opinion of the CourtSharpe, J.
“When an infant- child or minor is out of the possession and custody of the father, and habeas corpus is resorted to by the latter to obtain such custody, it does not follow as a matter of right that the prayer of the petition will be granted. The court is clothed with a sound discretion to grant or refuse relief, always to be exercised for the benefit of the infant primarily, but not arbitrarily in disregard of the father’s natural right to be preferred. If the father be 'reasonably suitable and able to maintain and rear his child, his prayer should ordinarily be granted. If, on the other…
2Cases cited3 opinions
- Brinster v. ComptonSupreme Court of Alabama · 1880
- Ex parte BoazSupreme Court of Alabama · 1858
- Ex parte MurphySupreme Court of Alabama · 1883
3Cited by16 opinions
- Burns v. ShapleyAlabama Court of Appeals · 1917
- Thomas v. ThomasSupreme Court of Alabama · 1924
- Calkins v. CalkinsSupreme Court of Alabama · 1928
- Arnold v. ArnoldSupreme Court of Alabama · 1944
- Buttrey v. WestSupreme Court of Alabama · 1924
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