Cocke v. Hannum
Mississippi Supreme Court
Error to tbe judgment of Hon. John Watts, on writ of habeas corpus. The legal question presented by the record in this cause must be examined by the light of the decisions of the courts of common law, and not by that of decisions in courts of equity, acting on their claim to jurisdiction over infants as representing the parens patrios.
Read the full summary
Error to tbe judgment of Hon. John Watts, on writ of habeas corpus. The legal question presented by the record in this cause must be examined by the light of the decisions of the courts of common law, and not by that of decisions in courts of equity, acting on their claim to jurisdiction over infants as representing the parens patrios. Even courts of equity disclaim any power to deal with the persons of infants or to control their custody, except where they are wards of court or owners of property. The only ground on which courts of equity could assume jurisdiction here would be that the…
1Opinion of the CourtHandy, J.
This was a writ of habeas corpus issued on the petition of the plaintiff in error, the lawful father of a female child of the age of two and a half years at the time of filing the petition and of about three years at the time of the hearing, seeking to recover possession of the child from her mother, who had been divorced from the plaintiff in error and had subsequently intermarried with the defendant, Hannum.
The petition claims the custody of the child on the ground that the father is entitled to the custody of her as his legal right; and because the temper, disposition, and moral character…
2Cited by9 opinions
- Mayfield v. BRAUND, ET UX.Mississippi Supreme Court · 1953
- Brown v. BrownMississippi Supreme Court · 1959
- Duncan v. DuncanMississippi Supreme Court · 1918
- McShan v. McShanMississippi Supreme Court · 1879
- Forbes v. WarrenMississippi Supreme Court · 1939
4 more not listed; retrieve them via the Exa API.