Legal Opinion

Ex Parte Roberts

Alabama Court of Appeals

Decided June 24, 1920No. 1 Div. 401PublishedCited by 7 opinions

Original petition by Emily C. Roberts for a preliminary 'writ of mandamus to compel Hon. Joel W. Goldsby, as Circuit Judge, to fix a supersedeas bond on appeal by petitioner from a judgment in habeas corpus, which awarded to Kate M. Massingill the custody of her minor child as against petitioner, the paternal grandmother.

1Opinion of the CourtSamford, J.

Habeas corpus proceedings were instituted in the circuit court of Mobile county by Kate Massingill to obtain the custody of her child, an infant of tender years. The writ was issued as prayed, the infant produced in court, and a decree entered awarding the custody of the child to petitioner. Respondent prayed and obtained an appeal from the order or decree, and requested the trial court to fix a supersedeas bond pending the appeal, so that the custody of the infant might remain with the respondent until the appeal was finally determined. This the trial court refused to do, but ordered the…

2Cases cited1 opinion

  1. Burns v. ShapleyAlabama Court of Appeals · 1917

3Cited by7 opinions

  1. Tillman v. WaltersSupreme Court of Alabama · 1925
  2. Ex Parte WrightSupreme Court of Alabama · 1932
  3. McEntire v. McEntireSupreme Court of Alabama · 1925
  4. Hall v. HallNebraska Supreme Court · 1964
  5. Piccolo v. PiccoloSupreme Court of Alabama · 1948

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