Miller v. Wallace
Supreme Court of Georgia
• 'Parent and Child, Contracts. Minors. Before Judge Clarke.' City Court of Atlanta. At Chambers, May 26, 1885. William and Caroline Miller petitioned for the writ of habeas corpus to obtain the custody of Etta Wallace Miller, a child four years of age, from the possession of her father, James T. Miller.
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• 'Parent and Child, Contracts. Minors. Before Judge Clarke.' City Court of Atlanta. At Chambers, May 26, 1885. William and Caroline Miller petitioned for the writ of habeas corpus to obtain the custody of Etta Wallace Miller, a child four years of age, from the possession of her father, James T. Miller. They alleged that the child had been entrusted to them to raise to mature years; that her father had relinquished his control over her, and that they had temporarily entrusted her to his keeping, but he refused to return her to them. In answer to the writ, the defendant traversed the…
1Opinion of the Court
Hall, Justice.
The question in this case is whether, under the facts in' evidence, the judge abused his discretion in takiüg the. minor child, Etta Wallace Miller, from the custody of her’ father, James T. Miller, who was the respondent in this habeas corpus proceeding, and ordering her to be remanded, and delivered, and to remain in custody of petitioners for the writ, William and Caroline Wallace, her maternal grandfather and grandmother. The solution of this question turns upon the point, whether the father, by a voluntary contract, released his legal and parental right to the control of…
2Cases cited5 opinions
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- Lindsey v. LindseySupreme Court of Georgia · 1854
- Boyd v. GlassSupreme Court of Georgia · 1866
- Janes v. CleghornSupreme Court of Georgia · 1875
- Hodgson v. GemmilSupreme Court of Pennsylvania · 1835
3Cited by88 opinions
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- Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
- Chapin v. CummingsSupreme Court of Georgia · 1940
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