Harrist v. Harrist
Supreme Court of Alabama
Appeal from Chambers Probate Court. Heard before Hon. A. J. Driver, Jr. Application of Dora Harrist for a writ of habeas corpus for the possession of Annie Harrist against Smith Harrist and others. Judgment for petitioner, and respondent appeals.
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Appeal from Chambers Probate Court. Heard before Hon. A. J. Driver, Jr. Application of Dora Harrist for a writ of habeas corpus for the possession of Annie Harrist against Smith Harrist and others. Judgment for petitioner, and respondent appeals. The respondents answered, setting up that they had in no manner, without law and right, confined or imprisoned or restrained or deprived Annie Harrist of her liberty, but that the said minor is in the custody and care of respondents by reason of her own preference, and for the other following reasons: That respondents are the uncles and aunts of…
1Opinion of the CourtMcCLELLAN, J.
Writ of habeas corpus issued, at petition of Dora Harrist, to respondents, who, it is alleged, illegally restrained the child of petitioner. Written return to the writ was promptly made. Motion to strike the return was overruled. Petitioner demurred to the return, and, as shown by formal entry, the demurrer was sustained. There was no traverse of the facts set forth in the return. The entry continues in this language: “Respondents, being allowed to amend their return, declined to do so; and thereupon, the court being of the opinion, from the facts stated in the returns, said Annie Harrist…
2Cases cited4 opinions
- McGlennan v. MargowskiIndiana Supreme Court · 1883
- Kirkbride v. HarveySupreme Court of Alabama · 1903
- Ex parte HunterSupreme Court of Alabama · 1865
- Cunningham v. ThomasIndiana Supreme Court · 1865
3Cited by5 opinions
- Tillman v. WaltersSupreme Court of Alabama · 1925
- Cook v. EcholsAlabama Court of Appeals · 1918
- Powell v. JohnsonSupreme Court of Alabama · 1925
- Planters Chemical & Oil Co. v. Waller &. Co.Supreme Court of Alabama · 1909
- Southern Timber & Investment Co. v. CreaghSupreme Court of Alabama · 1908