Fitts v. Fitts
Texas Supreme Court
Appeal from Panola. Tried below before Hon. W. W. Morris. This was an application on the part of appellee to the District Court for a writ of habeas corpus to have produced the bodies of her minor children who were in the custody of the appellant, their father, who had been the husband of appellee, from whom she had been divorced.
Read the full summary
Appeal from Panola. Tried below before Hon. W. W. Morris. This was an application on the part of appellee to the District Court for a writ of habeas corpus to have produced the bodies of her minor children who were in the custody of the appellant, their father, who had been the husband of appellee, from whom she had been divorced. The appellant answered that he was the father of said minors, and that he had been regularly appointed guardian by the Probate Court of Panola county, and made proferí of his letters of guardianship. On the hearing, exceptions were taken by both parties, on the one…
1Opinion of the CourtWheeler, J.
The judgment of the Probate Court, appointing the appellant guardian of his children, was conclusive of Ms right to their custody until reversed or annulled by a direct proceeding for that purpose. A habeas corpus is not such a proceeding. That is not the mode provided by law for revising the judgments of the Probate Court. Had there been an appeal prosecuted from the judgment of the Probate Court, upon a proper application showing a necessity for the interposition of the Court, it might have been competent for the Court to make such temporary order, respecting the custody of the infants, as…
2Cited by4 opinions
- Spurrier v. SpurrierSupreme Court of Oklahoma · 1925
- Hodgdon v. S. Pac. R.R Co.California Supreme Court · 1888
- Neal v. BartlesonTexas Supreme Court · 1886
- Williams v. FosterCourt of Appeals of Texas · 1921