Focks v. Munger
New Mexico Supreme Court
Appeal from District Court, Bernalillo County; Herbert F. Raynolds, Judge. Habeas corpus by Mrs. F. A. Focks against Mrs. Mary Munger. From judgment for defendant, plaintiff appeals. The wishes of the child are not material. The parents are entitled to the possession and custody of their own child as against a stranger. Moore v. Christian, 56.Miss. 408, 31 Aru.
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Appeal from District Court, Bernalillo County; Herbert F. Raynolds, Judge. Habeas corpus by Mrs. F. A. Focks against Mrs. Mary Munger. From judgment for defendant, plaintiff appeals. The wishes of the child are not material. The parents are entitled to the possession and custody of their own child as against a stranger. Moore v. Christian, 56.Miss. 408, 31 Aru. R. 375; State v. Richardson, 40 N. II. 272; Carter v. Brett, 42 S. E. 34-8; Carter v. Botts, 42 S. E. 348; Com. v. Briggs, 33 Mass. 203; Térry v. Johnson, 103 N. W. 319, 73 Neb. 653; Sloan v. Jones, 62 S. E. 21, 130 Ga. 836; Ex Parte…
1Opinion of the Court
OPINION OF THE COURT.
BOBEETS, C. J.
(after stating the facts as above).— Appellee concedes that the adoption proceedings are not binding upon appellant, as she was not made a party or served with notice therein. This being true, the only question for determination here is whether, upon the facts as disclosed by the record and found by the court, judgment was properly rendered for the respondent.
[1] It is true the trial court expressed the conclusion, upon the facts found and after an interview with the child, that “in the judgment of the court the best interests and welfare of the child…
2Cases cited9 opinions
- State Ex Rel. Wood v. DeatonTexas Supreme Court · 1900
- Weir v. MarleySupreme Court of Missouri · 1889
- Sloan v. JonesSupreme Court of Georgia · 1908
- Wakefield v. IvesSupreme Court of Iowa · 1872
- Moore v. ChristianMississippi Supreme Court · 1879
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Shorty v. ScottNew Mexico Supreme Court · 1975
- Roberts v. StaplesNew Mexico Supreme Court · 1968
- Kotrola v. KotrolaNew Mexico Supreme Court · 1968
- Stone v. StoneNew Mexico Supreme Court · 1968
- Cook v. BrownleeNew Mexico Supreme Court · 1950
5 more not listed; retrieve them via the Exa API.