Ex parte Boaz
Supreme Court of Alabama
AppiioatioN by Mrs. Jane H. Boaz, suing by her next friend, for a writ of mandamus, or other remedial process, to be directed to the probate court of Balias, for the purpose of compelling that court to take jurisdiction of her petition for the writ of habeas corpus against her husband, to obtain from him the custody of her infant child.
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AppiioatioN by Mrs. Jane H. Boaz, suing by her next friend, for a writ of mandamus, or other remedial process, to be directed to the probate court of Balias, for the purpose of compelling that court to take jurisdiction of her petition for the writ of habeas corpus against her husband, to obtain from him the custody of her infant child. The petition for the writ of habeas corpus, the defendant’s answer thereto, the. evidence adduced on the hearing, and the decision of the probate judge, declining to act ’for want of jurisdiction, are made part of the application to this court. The petition…
1Opinion of the Court
RICE, O. J.
— The law regards the father as the head of the family, obliges him to provide for its wants, and commits the children to his charge, in preference to the claims of the mother or any other person. His right to their custody may be forfeited by misconduct, or lost by misfortune. ’When he asserts it by habeas corpus, the court exercises a discretion, for “ the benefit and welfare of the infants,” and may leave them in the custody of the mother or some other person, in preference to the claims of the father. But when, as in the case at bar, the father has the custody of his infant…
2Cases cited4 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- In re M'DowleNew York Supreme Court · 1811
- In re DemingNew York Supreme Court · 1813
- In re WollstonecraftNew York Court of Chancery · 1819
3Cited by10 opinions
- Ex Parte DevineSupreme Court of Alabama · 1981
- Thomas v. ThomasSupreme Court of Alabama · 1924
- Bryan v. BryanSupreme Court of Alabama · 1859
- AnonymousSupreme Court of Alabama · 1921
- Kirkbride v. HarveySupreme Court of Alabama · 1903
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