In Re Lewis
Supreme Court of North Carolina
PETITION to obtain possession of Sarah Jane Lewis, an infant, filed in the probate court, and heard at November Special Term, 1881, of Halifax Superior Court, before Gilmer, J. In February, 1881, Benjamin Collins and Mrs. W. D. Lewis entered into an agreement under seal, whereby he engaged to support her during her life, and in consideration thereof she undertook to convey to him her child, Sarah Jane, until she should become of full age, the said child being illegitimate,…
Read the full summary
PETITION to obtain possession of Sarah Jane Lewis, an infant, filed in the probate court, and heard at November Special Term, 1881, of Halifax Superior Court, before Gilmer, J. In February, 1881, Benjamin Collins and Mrs. W. D. Lewis entered into an agreement under seal, whereby he engaged to support her during her life, and in consideration thereof she undertook to convey to him her child, Sarah Jane, until she should become of full age, the said child being illegitimate, and then of the age of ten years. Soon thereafter the mother died, leaving the child in the possession of the said…
1Opinion of the CourtRuffin, J.
The jurisdiction of the clerks of the superior courts, in all matters, is regulated entirely by statute, and, in the case of infants, extends only to appoint them guardians, binding them ns apprentices, and (perhaps) granting orders allowing of their adoption. As the proceeding in this case falls under neither of these heads, it is clear to the court that the action of the clerk as regards this infant, was ultra vires, and it was proper therefore to dismiss the proceeding, as was done.
It is equally certain too, that the appellant acquired no right to the custody of the infant, Sarah Jane,…
2Cases cited1 opinion
- Jordan v. . CoffieldSupreme Court of North Carolina · 1874
3Cited by26 opinions
- In Re AldermanSupreme Court of North Carolina · 1911
- Hinkle v. HinkleSupreme Court of North Carolina · 1966
- Shipman v. ShipmanSupreme Court of North Carolina · 2003
- Newsome v. . BunchSupreme Court of North Carolina · 1907
- Griffith v. GriffithSupreme Court of North Carolina · 1954
21 more not listed; retrieve them via the Exa API.