In Re Habeas Corpus of Jones
Supreme Court of North Carolina
Appeal from G. M. Cooke, J., heard in chambers, 1 March, 1910, from Vance. Petition for writ of- habeas corpus. Tbe petition was filed by Nannie Green, mother of the child, who was and has been for some time in the care and custody of respondents, Prince Jones, uncle of petitioner, and his wife Laura.
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Appeal from G. M. Cooke, J., heard in chambers, 1 March, 1910, from Vance. Petition for writ of- habeas corpus. Tbe petition was filed by Nannie Green, mother of the child, who was and has been for some time in the care and custody of respondents, Prince Jones, uncle of petitioner, and his wife Laura. On the hearing, the court found as facts among other things, that the child was an illegitimate child 6f the petitioner, Nancy Green, and would be nine years of age in May, 1910; that she was being properly and well cared for by respondents, who are reputable colored people; Prince Jones, being…
1Opinion of the Court
Hoke, J.,
after stating tbe case. In bearings of this character on habeas corpus, tbe parents of a child who are living together as lawful man and wife have prima facie tbe right to tbe control and custody of their infant children.
When divorced, tbe right to tbe children and. their placing is more usually dealt with in tbe decree, and where they live apart, without being divorced, questions concerning tbe disposition of their offspring must be decided under tbe provisions of tbe Re-visal, 1905, sec. 1853, to tbe effect: “Tbe court or judge, on tbe return of such writ, may award tbe charge or…
2Cases cited5 opinions
- Kelsey v. GreenSupreme Court of Connecticut · 1897
- Bryan v. LyonIndiana Supreme Court · 1885
- Matter of WelchNew York Court of Appeals · 1878
- In Re LewisSupreme Court of North Carolina · 1883
- Latham v. . EllisSupreme Court of North Carolina · 1895
3Cited by19 opinions
- Petersen v. RogersSupreme Court of North Carolina · 1994
- In Re MeansSupreme Court of North Carolina · 1918
- In Re GilleCalifornia Court of Appeal · 1924
- Howell v. . SolomonSupreme Court of North Carolina · 1914
- Jolly v. QueenSupreme Court of North Carolina · 1965
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