Carstarphen v. Dayton

Grice, Justice.

The dismissal, upon oral motion, of a petition in the nature of habeas corpus brings about this appeal.

The petition was filed in the Superior Court of Dougherty County by Mrs. T. J. Carstarphen, against her daughter Mrs. Mary Joyce Dayton, the mother of the children whose custody was sought. It alleged that the mother was not entitled to their continued custody because of her moral unfitness, cruelty to them, neglect of them, and “mental and physiological unfitness” to rear them. The superior court’s order dismissing such petition recited that the juvenile court of that county…