Mitchell v. . Mitchell
Supreme Court of North Carolina
This was a proceeding originally commenced before the Probate Judge of Hertford County upon the application of Miles Mitchell to have apprenticed to him several minor children, viz., Alfred, Hick, Thomas and Catherine Mitchell, children of Marina Mitchell. They were born in slavery, the property of Miles Mitchell, the applicant.
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This was a proceeding originally commenced before the Probate Judge of Hertford County upon the application of Miles Mitchell to have apprenticed to him several minor children, viz., Alfred, Hick, Thomas and Catherine Mitchell, children of Marina Mitchell. They were born in slavery, the property of Miles Mitchell, the applicant. After the emancipation of flic slaves, they were bound to him by an officer of the United States Grovernment and the County Court of Hertford, without notice to the mother. Previous to these proceedings they were discharged from custody by a writ of habeas corpus, and…
1Opinion of the Court
Reade, J.-
In ex parte Ambrose, Phil. R., it is said that notice to persons to be bound out, or to their friends, is indispensable, and that it is prudent to have them present in person jiefore the Court.
Notice was given in the case before us, but it is objected that the notice ought to have been issued by the Judge of Probate, and not by the person who was seeking to have the orphans bound to him ; that they were not obliged to respond to such notice. There is certainly some force in the objection, but we do not think it .controlling in this case; because it is stated that the notice was sued…
2Cited by2 opinions
- Ashby v. . PageSupreme Court of North Carolina · 1890
- In Re the Care & Custody of McGrawSupreme Court of North Carolina · 1947