Jennings v. Anderson
Supreme Court of South Carolina
Before Mauldin, J., Greenville, July, 1919. 'Proceeding in habeas corpus by Jesse M. Jennings against Mrs. Ora Anderson and.Nellie Shaw, alias Nellie Anderson, to obtain custody of a child. Prom an order delivering the child to the plaintiff, the defendant appeals. cite: Mother of illegitimate child 'had under common law, highest right to custody of child: 5 Cyc. 637. Parent may divest herself of custody of child: Sec. 3783, 1 Civil Code 1912; sec. 3798, Id.
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Before Mauldin, J., Greenville, July, 1919. 'Proceeding in habeas corpus by Jesse M. Jennings against Mrs. Ora Anderson and.Nellie Shaw, alias Nellie Anderson, to obtain custody of a child. Prom an order delivering the child to the plaintiff, the defendant appeals. cite: Mother of illegitimate child 'had under common law, highest right to custody of child: 5 Cyc. 637. Parent may divest herself of custody of child: Sec. 3783, 1 Civil Code 1912; sec. 3798, Id. Estoppel by conduct must be clear and convincing: 72> S. C. 303; but estoppel, as a general rule, not applicable to minors: 22 Cyc. 512;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
This is a proceeding in habeas corpus to determine the custody of an illegitimate child named James. Fortunately the cardinal facts are not in dispute. Nellie Shaw, one of thé appellants, in 1914 gave birth to an illegitimate child. At the time of the birth of the child Nellie was only 17 years old. Nellie’s mother, after the death of Nellie’s father, married a man named Anderson. Mr. Anderson seems to be an entirely'worthy man. Finding the disgrace that had been brought upon him, Mr. Anderson refused to allow Nellie or her child to…
2Cited by5 opinions
- Pugh v. PughWest Virginia Supreme Court · 1949
- Marshall v. MarshallCourt of Appeals of South Carolina · 1984
- Sparks v. SparksWest Virginia Supreme Court · 1980
- Watkins v. RoseSupreme Court of South Carolina · 1921
- Sanders v. SandersSupreme Court of South Carolina · 1958