Latham v. . Ellis
Supreme Court of North Carolina
Petition for writ of habeas corpus, filed by B. B. Latham, to obtain the custody and control of his infant daughter, Julia E. Latham, and heard before his Honor J. D. Melver, Judge of the Superior Court, in the town of Washington, N. C., on Wednesday, December 5, 1891. Upon the hearing of the writ the Court awarded the custody of the infant, Julia E. Latham, to her father, B. B. Latham, and directed the Clerk of the Superior Court of Beaufort County to tax the cost of the…
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Petition for writ of habeas corpus, filed by B. B. Latham, to obtain the custody and control of his infant daughter, Julia E. Latham, and heard before his Honor J. D. Melver, Judge of the Superior Court, in the town of Washington, N. C., on Wednesday, December 5, 1891. Upon the hearing of the writ the Court awarded the custody of the infant, Julia E. Latham, to her father, B. B. Latham, and directed the Clerk of the Superior Court of Beaufort County to tax the cost of the proceedings against William R. Ellis, who detained the^said Julia E. Latham. The Court awarded the control and custody of…
1Opinion of the Court
MONTGOMERY, J.:
In contests between parents in respect to the custody of their children, whether in suits for divorce, or in habeas corpus proceedings where the husband and wife are living in a state of separation without being divorced, the court or judge before whom the suit or proceedings are heard may award the charge and custody of the child or children to either the husband or the wife, as may appear to be for the best interest, and welfare of the child or children. Code, Sections 1570 and 1661. But in the case before us the contest is not between husband and wife, but it is between the…
2Cited by25 opinions
- James v. PretlowSupreme Court of North Carolina · 1955
- Newsome v. . BunchSupreme Court of North Carolina · 1907
- Griffith v. GriffithSupreme Court of North Carolina · 1954
- In Re MeansSupreme Court of North Carolina · 1918
- Howell v. . SolomonSupreme Court of North Carolina · 1914
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