Legal Opinion

Brinster v. Compton

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 13 opinions

Appeal from order made by Hon. LutheR R. Smith, Judge of Seventh Judicial Circuit, on habeas corpus by a father for the custody of his children, who had been apprenticed by the judge of probate.

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Appeal from order made by Hon. LutheR R. Smith, Judge of Seventh Judicial Circuit, on habeas corpus by a father for the custody of his children, who had been apprenticed by the judge of probate. This was a petition for a writ of habeas corpus presented by Friday Compton, the appellee, to the Hon. Luther R. ■Smith, alleging that the appellee was the father of Ben and John Compton, minors, whose respective ages were nineteen and fourteen; that they were legally restrained of their liberty by Hiram T. Brinster, the appellant, who held said minors under letters of apprenticeship which were issued…

1Opinion of the CourtStone, J.

Our statutes make large provision for apprenticing pauper minors, who have no parents, or whose parents are unable to support them. See Code of 1876, commencing with section 1734. That section authorizes the judge of probate to “ bind out as apprentices the children of any person unable to provide for their support, until the age of twenty one years, if a male, and eighteen years, if a female.” Section 1736 provides that for good cause shown, the judge of probate may at any time revoke any letters of apprenticeship, and bind out the apprentice to another. And a parent, having a minor child,…

2Cases cited6 opinions

  1. Martin v. MottSupreme Court of the United States · 1827
  2. Stuyvesant v. SameNew York Supreme Court · 1827
  3. Ex parte BoazSupreme Court of Alabama · 1858
  4. Jackson ex dem. Van Rensselaer v. HogeboomNew York Supreme Court · 1814
  5. Cockran v. StateSupreme Court of Alabama · 1871

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Thomas v. ThomasSupreme Court of Alabama · 1924
  2. Kirkbride v. HarveySupreme Court of Alabama · 1903
  3. Bradley v. BennettSupreme Court of Alabama · 1910
  4. Ex Parte RickersonSupreme Court of Alabama · 1919
  5. Sparkman v. SparkmanAlabama Court of Appeals · 1924

8 more not listed; retrieve them via the Exa API.

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