Looney v. Martin
Supreme Court of Georgia
Certiorari. ' Before Judge Bussell. Franklin superior court. October 1, 1904. • This was a habeas-corpus proceeding for the possession of two minor children, Forest and , Devery Martin, aged respectively seven and four years. It originated in the city court of Carnesville, and was brought by Looney, the macernal grandfather of the children, against their father.
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Certiorari. ' Before Judge Bussell. Franklin superior court. October 1, 1904. • This was a habeas-corpus proceeding for the possession of two minor children, Forest and , Devery Martin, aged respectively seven and four years. It originated in the city court of Carnesville, and was brought by Looney, the macernal grandfather of the children, against their father. The judge of the city court awarded the children to the grandfather; whereupon the father took the case, by certiorari, to the superior court. The certiorari was sustained, and the case remanded for another hearing, and Looney brought…
1Opinion of the CourtCandler, J.
(After stating the foregoing facts.) No question is made as to the fitness of either of the parties to the action to have charge of small children, or of their financial ability to take care of them. The only issue raised by the evidence is whether or not such a clear and definite contract of relinquishment wasmáde by the father as to warrant the habeas-corpus court in awarding the minor children to the grandfather rather than to the father. This case, in its facts, bears a striking resemblance to the case of Miller v. Wallace, 76 Ga. 479. That case, like this, was a contest between the…
2Cases cited2 opinions
- Miller v. WallaceSupreme Court of Georgia · 1886
- Lamar v. HarrisSupreme Court of Georgia · 1903
3Cited by23 opinions
- Chapin v. CummingsSupreme Court of Georgia · 1940
- Sloan v. JonesSupreme Court of Georgia · 1908
- Hill v. RiversSupreme Court of Georgia · 1946
- Waldrup v. CraneSupreme Court of Georgia · 1948
- Harper v. TippleArizona Supreme Court · 1919
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