Neville v. Reed
Supreme Court of Alabama
Appeal from the Probate Court of Mobile Heard before the Hon. Price Williams, Jr. The appellant, Henry Neville, filed a petition for habeas .corpus, addressed to Irom. Price Williams, Jr., judge of the probate court of Mobile county, wherein he sought to have Henry Edward Neville', a minor1 under the ago of 1-1 years, removed from the custody of Josephine Reed and placed in the custody of the petitioner.
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Appeal from the Probate Court of Mobile Heard before the Hon. Price Williams, Jr. The appellant, Henry Neville, filed a petition for habeas .corpus, addressed to Irom. Price Williams, Jr., judge of the probate court of Mobile county, wherein he sought to have Henry Edward Neville', a minor1 under the ago of 1-1 years, removed from the custody of Josephine Reed and placed in the custody of the petitioner. It was averred in the petition that Henry Neville was the father of Henry Edward Neville, a minor under the age of .11 years: that the. petitioner was the natural guardian of said minor, and…
1Opinion of the CourtHaralson, J.
The father is regarded as the head of the family, and the law commits the children to his charge, in preference to the claims of the mother, or any other person, and his. right to their custody may be forfeited by misconduct, or lost by his misfortunes; anid as has been heretofore held, when he asserts bis right to their custody, by habeas corpus, the court may exercise a discretion for the present and future welfare and interests of the infants, and leave them in the custody of the mother or some other person, in pref- . erence to the father. — Ex parte Boaz, 31 Ala. 427.
This discretion is…
2Cited by19 opinions
- Ex Parte DevineSupreme Court of Alabama · 1981
- Kenner v. KennerTennessee Supreme Court · 1917
- Dunn v. JacksonTexas Commission of Appeals · 1921
- In Matter of BadgerSupreme Court of Missouri · 1920
- Thomas v. ThomasSupreme Court of Alabama · 1924
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