Montgomery v. Hughes
Alabama Court of Appeals
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Habeas corpus by Basil K. Montgomery for the possession of his child against M. B. Hughes and others. From a judgment for defendants, plaintiff appeals. Reversed and rendered on original hearing in the Supreme Court. On application for rehearing, the case was transferred to the Court of Appeals under the statute, where the application was denied.
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Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Habeas corpus by Basil K. Montgomery for the possession of his child against M. B. Hughes and others. From a judgment for defendants, plaintiff appeals. Reversed and rendered on original hearing in the Supreme Court. On application for rehearing, the case was transferred to the Court of Appeals under the statute, where the application was denied. A parent cannot dispose of a child as chattel.- — Morris v. Lowe, 4 Stew. 123. The contract here sought to be enforced is void as against public policy. — 6 L. R. A. 672; 29 Cyc.…
1Opinion of the CourtSimpson, J.
This is a. petition by the appellant for the custody of his daughter, who is five years of age, and in the custody of its maternal grandparents, the appellees. The child has been with the grandparents since shortly after the death of its mother at which time the child was only a few weeks old. The father had remarried and several conferences had been had in which the father claimed custody of the child and there is a conflict in the evidence as to whether he agreed verbally at the time of his wife’s death, that the grand parents should have charge of the child for any *247■definite time, and also…
2Cases cited1 opinion
- Striplin v. WareSupreme Court of Alabama · 1860
3Cited by28 opinions
- Murphree v. HansonSupreme Court of Alabama · 1916
- Robertson v. StateAlabama Court of Appeals · 1924
- Payne v. PayneSupreme Court of Alabama · 1928
- B'ham Ry. L. & P. Co. v. GlennSupreme Court of Alabama · 1912
- Haynes v. FillnerMontana Supreme Court · 1938
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