Legal Opinion

In re Fain

Supreme Court of North Carolina

Decided December 22, 1916PublishedCited by 16 opinions

'PeoceediNg in habeas corpus, before Long, J., 13 June, 1916, in the Superior Court of Cherokee County. Upon the hearing his Honor rendered judgment, from which the petitioner, W. Mercer Fain, appealed.

1Opinion of the CourtBeowN, J.

The petitioner is the father of W. Mercer Fain, Jr., bom 10 February, 1915, and now in the custody of the respondent, O. M. Wofford, who was the father of the child’s mother, which said mother died on 1 March, 1916.

Upon the hearing before his Honor, Judge Long, the custody of the child was awarded to the two grandmothers, six months to each. The evidence and findings of fact show that the petitioner separated from his wife before her death and that he had a serious disagreement with his father-in-law, the respondent. There is no evidence that the petitioner intended to abandon his child and…

2Cases cited3 opinions

  1. Newsome v. . BunchSupreme Court of North Carolina · 1907
  2. Latham v. . EllisSupreme Court of North Carolina · 1895
  3. In Re Habeas Corpus of JonesSupreme Court of North Carolina · 1910

3Cited by16 opinions

  1. Truelove v. ParkerSupreme Court of North Carolina · 1926
  2. Griffith v. GriffithSupreme Court of North Carolina · 1954
  3. In Re MeansSupreme Court of North Carolina · 1918
  4. Truelove v. . ParkerSupreme Court of North Carolina · 1926
  5. In Re SheltonSupreme Court of North Carolina · 1932

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