Legal Opinion

Ex Parte Boyd

Court of Appeals of Texas

Decided March 28, 1913PublishedCited by 15 opinions

Appeal from District Court, Bowie County; P. A. Turner, Judge. Habeas corpus by Albert C. Boyd against Phanie L. Boyd, to obtain the possession of a child, Emma Rachel Boyd, four years old, held by defendant. From a judgment awarding the custody of the child to defendant, relator appeals. This is a habeas corpus proceeding by the father to obtain the possession of his child, a girl four years of age, held by its mother.

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Appeal from District Court, Bowie County; P. A. Turner, Judge. Habeas corpus by Albert C. Boyd against Phanie L. Boyd, to obtain the possession of a child, Emma Rachel Boyd, four years old, held by defendant. From a judgment awarding the custody of the child to defendant, relator appeals. This is a habeas corpus proceeding by the father to obtain the possession of his child, a girl four years of age, held by its mother. The trial resulted in a judgment continuing the child in the custody of the mother. The relator and respondent were married in the state of Oklahoma, and the child was born…

1Opinion of the CourtLevy, J.

(after stating the facts as above). [1] By the first assignment it is contended that the judgment in the instafit proceeding is contrary to the law and evidence, for that the judgment of the district court of Coal county, Okl., awarding the custody of the child to appellant is res adjudicata of such custody, and such judgment should be given full faith and credit by the courts of Texas. It is settled, and not doubted, that an order of the court awarding custody of the child to the parent is a judgment that should be given faith and credit by the courts of other states, as required by the…

2Cases cited1 opinion

  1. Wilson v. ElliottTexas Supreme Court · 1903

3Cited by15 opinions

  1. Swift v. SwiftCourt of Appeals of Texas · 1931
  2. Brandon v. BrandonSupreme Court of Georgia · 1922
  3. Futch v. FutchCourt of Appeals of Texas · 1927
  4. Haynie v. HudginsMississippi Supreme Court · 1920
  5. Goldsmith v. SalkeyCourt of Appeals of Texas · 1937

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