Legal Opinion

Black v. Montgomery

Alabama Court of Appeals

Decided November 25, 1919No. 1 Div. 346PublishedCited by 5 opinions

Appeal from Probate Court, Monroe County; M. M. Fountain, Judge. Lonziann Montgomery brought'habeas corpus against Jimmie Black and Mary Ranaldson, in separate actions for the custody of her children which were consolidated and tried together, resulting in a judgment for the plaintiff, from which the defendants appeal. The facts sufficiently appear from the opinion. The court erred in rendering the judgment, for plaintiff. 2 Ala.

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Appeal from Probate Court, Monroe County; M. M. Fountain, Judge. Lonziann Montgomery brought'habeas corpus against Jimmie Black and Mary Ranaldson, in separate actions for the custody of her children which were consolidated and tried together, resulting in a judgment for the plaintiff, from which the defendants appeal. The facts sufficiently appear from the opinion. The court erred in rendering the judgment, for plaintiff. 2 Ala. App. 461, 56 South. 589; 166 Ala. 531, 52 South. 52. This case should be affirmed, on the authority of Cook v. Echols, 16 Ala. App. 606, 80 South. 680, and’Gamble v.…

1Opinion of the CourtBricken, P. J.

Habeas corpus proceedings filed by appellee to recover the custody and possession of her two children Leo Riley Montgomery aged five, a boy, and Ettalola Montgomery aged two, a girl. These children were in the custody or possession of appellants Jimmie Black and Mary Ranaldson, respectively.

The case was tried by the court without a jury and judgment rendered in favor of petitioner awarding her, the mother, custody and possession of her two children. This judgment of the court is the sole assignment of error presented for review.

[1] In this case, as in all cases where the trial is had by the…

2Cases cited5 opinions

  1. Montgomery v. HughesAlabama Court of Appeals · 1911
  2. McCay v. ParksSupreme Court of Alabama · 1918
  3. Cook v. EcholsAlabama Court of Appeals · 1918
  4. Brown v. BrownAlabama Court of Appeals · 1911
  5. Gamble v. CottonAlabama Court of Appeals · 1919

3Cited by5 opinions

  1. Morris v. MorrisAlabama Court of Appeals · 1923
  2. McDonald v. WatkinsAlabama Court of Appeals · 1921
  3. Carter v. CarterAlabama Court of Appeals · 1921
  4. Commonwealth ex rel. Dykins v. Harry, Pennsylvania Court of Common Pleas, Luzerne County1963
  5. Lindsey v. BrownAlabama Court of Appeals · 1922

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