Bradley v. Bennett
Supreme Court of Alabama
Appeal from Crenshaw Probate Court. Heard before Hon. F. M. T. Tankersly. Habeas corpus by Gomez Bennett against Lee Bradley and others for the possession of petitioner’s infant child. Judgment awarding petitioner custody of the child and the respondents appeal.
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Appeal from Crenshaw Probate Court. Heard before Hon. F. M. T. Tankersly. Habeas corpus by Gomez Bennett against Lee Bradley and others for the possession of petitioner’s infant child. Judgment awarding petitioner custody of the child and the respondents appeal. The matter to be considered in a case of this kind is the benefit to accrue to the infant, and while the father has the natural right of custody the courts uniformly exercise a sound discretion for the benefit of the child. — Brinster v. Compton, 68 Ala. 299; Bw parte Murphy, 75 Ala. 409; Neville v. Reicl, 134 Ala. 317; Eirlobride v.…
1Opinion of the CourtEvans, J.
This is a habeas corpus proceeding by 1 he father to obtain possession of his infant child. The wife of petitioner died several months prior to the filing of the petition, and left a child 4 or 5 months old. The child has been kept and cared for by the mother and father of its mother since her death. The petitioner is 22 years old, unmarried, and lives with his father and mother. He states that he intended to take the child 1o the home of his parents to be there cared for. He owns no property, and is a day laborer, earning about 60 cents a day when he works. The family of his mother and…
2Cases cited2 opinions
- Kirkbride v. HarveySupreme Court of Alabama · 1903
- Brinster v. ComptonSupreme Court of Alabama · 1880
3Cited by7 opinions
- Thomas v. ThomasSupreme Court of Alabama · 1924
- Blevins v. UnderwoodSupreme Court of Alabama · 1936
- Daniels v. TrawickSupreme Court of Alabama · 1936
- Kugle v. HarpeSupreme Court of Alabama · 1937
- Hall v. DonnellyAlabama Court of Appeals · 1933
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