Aycock v. Hampton
Mississippi Supreme Court
From the circuit court of Alcorn county. Eugene O. Sykes, Judge. Aycock, the appellant, was petitioner and plaintiff in the court below; Hampton, appellee, was defendant there. The suit was an habeas corpus proceeding, in which the plaintiff sought to obtain the custody of his bastard twelve-year-old daughter, Angeline Aycock, whose mother, one Celia Lust, was dead. The defendant was a brother of the child’s deceased mother.
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From the circuit court of Alcorn county. Eugene O. Sykes, Judge. Aycock, the appellant, was petitioner and plaintiff in the court below; Hampton, appellee, was defendant there. The suit was an habeas corpus proceeding, in which the plaintiff sought to obtain the custody of his bastard twelve-year-old daughter, Angeline Aycock, whose mother, one Celia Lust, was dead. The defendant was a brother of the child’s deceased mother. The evidence showed that plaintiff was the father of the child; that it lived with its mother until she died, and it was then taken by Hampton; that relator was able to…
1Opinion of the CourtWhitfield, C. J.
The putative father was entitled to the custody of his illegitimate daughter, about eleven or twelve years old. There is nothing to show that he was an improper person to have the custody of his child. The learned court below seems to have *208proceeded on the idea that a putative father had no legal standing to maintain a writ of habeas corpus. The case of Moritz v. Garnhart, 32 Am. Dec., 763, states the true rule. The court say: “Though a bastard be not looked upon as a child for any civil purpose, the ties of nature are respected in regard to its maintenance. The putative father, though not…
2Cases cited1 opinion
- Moritz v. GarnhartSupreme Court of Pennsylvania · 1838
3Cited by14 opinions
- Guardianship of SmithCalifornia Supreme Court · 1954
- Ethredge v. YawnMississippi Supreme Court · 1992
- Allison v. BryanSupreme Court of Oklahoma · 1910
- In Re a MinorWashington Supreme Court · 1951
- Garrett v. MahaleySupreme Court of Alabama · 1917
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