Legal Opinion

State ex rel. Rosenstein v. Hoover

Supreme Court of Arkansas

Decided April 4, 1921PublishedCited by 1 opinion

Appeal from Jefferson Circuit Court; W. B. Sor-rells, Judge; The custody of the child is controlled by .the best interest, present and future well-being, of the little girl.

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Appeal from Jefferson Circuit Court; W. B. Sor-rells, Judge; The custody of the child is controlled by .the best interest, present and future well-being, of the little girl. In habeas corpus cases the courts are not bound to deliver a child to the claimant or any other person, but will act in their sound discretion as the best interest of the child requires. 78 Ark. 193; 80 Id. 461; 89 Id. 501; 102 Id. 93; 82 Id. 461; 4 Hun 582; 16 Pickle 227; 22 Id. 549; 50 Miss. 413. In applying the rule, the court will treat the fact that the child wishes to remain where it is only as a circumstance of the…

1Opinion of the CourtHart, J.

This case comes before us on certiorari to review the judgment of the circuit judge of Lincoln County giving to Mrs. Sallie Hoover the custody and control of Zula May Palmertree, a girl eleven years old. The facts are as follows:

Zula May Palmertree was born in September, 1908, and her father, Thomas A. Palmertree, and her mother went to Memphis while she was an infant. The father and mother separated several times and finally the father moved to Arkansas. The mother kept the child until her death, about the 8th day of January; 1915. Soon after that the father had the child sent to him in…

2Cases cited4 opinions

  1. Washaw v. GimbleSupreme Court of Arkansas · 1887
  2. Coulter v. SypertSupreme Court of Arkansas · 1906
  3. Mantooth v. HopkinsSupreme Court of Arkansas · 1913
  4. Clark v. WhiteSupreme Court of Arkansas · 1912

3Cited by1 opinion

  1. DeCroo v. DeCrooSupreme Court of Arkansas · 1979

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