In Re Hamilton
Supreme Court of North Carolina
Appeal by petitioner from Allen, J., at chambers, 4 March, 1921, from Beaufort. Tbis' is a petition for a writ of habeas corpus to determine tbe right to tbe custody of a child fifteen months of age. Tbe petition was filed before one of tbe judges of tbe Superior Court, who transferred tbe same to tbe juvenile court.
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Appeal by petitioner from Allen, J., at chambers, 4 March, 1921, from Beaufort. Tbis' is a petition for a writ of habeas corpus to determine tbe right to tbe custody of a child fifteen months of age. Tbe petition was filed before one of tbe judges of tbe Superior Court, who transferred tbe same to tbe juvenile court. Tbe judge of tbe juvenile court beard tbe affidavits and evidence, and made bis findings of fact and adjudged that tbe petitioner, who is tbe father of tbe child, was entitled to her custody. Tbe respondents, who are tbe maternal grandparents of tbe child, appealed to tbe judge…
1Opinion of the CourtStacy, J.
The Juvenile Court Act (C. S., 5039 et seq.) jirovides that the Superior Courts shall have exclusive original jurisdiction of any *47case of a child less than sixteen years of age “whose custody is subject to controversy.” By this same law juvenile courts are established as separate parts of the Superior Courts for the administration of the •act, and the clerk of the Superior Court of éach county is made the judge of the Juvenile Court.
It is also provided in a later section that the term “Court,” when used without modification, shall refer to the Juvenile Court, and that an appeal may be taken…
2Cases cited5 opinions
- State v. . BurnettSupreme Court of North Carolina · 1920
- State v. . CobleSupreme Court of North Carolina · 1921
- Stokes v. . CogdellSupreme Court of North Carolina · 1910
- In Re WarrenSupreme Court of North Carolina · 1919
- Mills v. McDanielSupreme Court of North Carolina · 1912