Alfred v. McKay
Supreme Court of Georgia
Habeas corpus. Decided by Judge Yasoe, Dougherty Superior Court, December, Adjourned Term, 1867. This case was decided upon the petition and answer alone.
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Habeas corpus. Decided by Judge Yasoe, Dougherty Superior Court, December, Adjourned Term, 1867. This case was decided upon the petition and answer alone. The petitioner claimed to be the master of Jesse Morris, a Colored minor, aged fourteen years, he averred that said minor is the illegitimate child of the wife of plaintiff in error, born long before their marriage, that with the consent of the mother of said minor, petitioner took him into possession, and has kept him as a house-and-body-servant, greatly to the improvement of the minor, that he feels attached to said minor, and had, at the…
1Opinion of the Court
Walker, J..
I. By the Code, section 1750, the mother of an illegitimate is entitled to the possession of the child. Being the only recognized parent, she' may exercise all the paternal power. This mother, the wife of plaintiff in error, has the right to the custody of her child, unless there exist some legal reason why she should be deprived of it. No such reason is alleged.
2. Defendant in error alleges that the mother consented that he should take the boy as a1 servant, and at the minor’s request he was apprenticed to defendant in- error by the Ordinary of the county. The mother, it appears,…
2Cited by2 opinions
- Whitlock v. BarrettCourt of Appeals of Georgia · 1981
- Brazziel v. SpiveySupreme Court of Georgia · 1963