Kidd v. Brown
Supreme Court of Georgia
Habeas corpus. Before Judge Meadow. Hart superior court. August 27, 1910. A writ of habeas corpus was sworn out before the ordinary of Hart county by C. I. Kidd, who contended 'that he was entitled to the custody of Willie Brown, a minor son of Henry and Wennie 'Brown. The sheriff took charge of the boy and kept him in jail pending the hearing.
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Habeas corpus. Before Judge Meadow. Hart superior court. August 27, 1910. A writ of habeas corpus was sworn out before the ordinary of Hart county by C. I. Kidd, who contended 'that he was entitled to the custody of Willie Brown, a minor son of Henry and Wennie 'Brown. The sheriff took charge of the boy and kept him in jail pending the hearing. The ordinary, at the hearing, awarded the custody of the boy to C. I. Kidd. ' The parents, who were the respondents in the habeas-corpus proceeding, carried the case to 'the superior court by writ of certiorari. The material facts were as follows: Kidd…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The writ of habeas corpus may be used as a means of freeing one from illegal custody. It can not be used as a means of obtaining custody of a minor’s person, so as to compel him to work and pay the’ preexisting debt of his parent, although such parent may have agreed that the minor should thus pay his debt. When the writ is used as a means of determining who is .entitled to the custody of a minor, the welfare of the minor is an important factor to be considered. The child can not be dealt with like merchandise or a mere animal. The relinquishment of…
2Cases cited2 opinions
- Eaves v. FearsSupreme Court of Georgia · 1908
- Willingham v. Hooven, Owens, Rentschler & Co.Supreme Court of Georgia · 1884
3Cited by4 opinions
- Fortson v. FortsonSupreme Court of Georgia · 1943
- Hanley v. Savannah Bank & Trust Co.Supreme Court of Georgia · 1952
- Cross v. FooteCourt of Appeals of Georgia · 1916
- Fortson v. FortsonSupreme Court of Georgia · 1943