Jones v. . Cotten
Supreme Court of North Carolina
This was a civil ACTION, tried at February Term, 1890, of CraveN Superior Court, by Womack, J. This is a proceeding in which the plaintiff applied for a writ of habeas corpus to. obtain, possession-, of-three of-her minor children named, alleged to be in the possession of the defendant. The writ was issued and served, and return thereof made.
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This was a civil ACTION, tried at February Term, 1890, of CraveN Superior Court, by Womack, J. This is a proceeding in which the plaintiff applied for a writ of habeas corpus to. obtain, possession-, of-three of-her minor children named, alleged to be in the possession of the defendant. The writ was issued and served, and return thereof made. At the hearing of the matter, the Court gave judgment that the children be delivered to the plaintiff, whereupon the defendant appealed to this Court, as allowed by the statute (The Code, § 1662) in such cases. It appears at this term, that since the…
1Opinion of the Court
MerrimoN, C. J.:
We are of opinion that the case must be remanded to the Judge now riding the second judicial district, to the end that he shall have and take jurisdiction of, and take such further action in, the matter as the condition of the children mentioned and the circumstances of the case may warrant and require according to law. Such proceedings and matters áre largely summary in their nature, and may be conducted in the sound discretion of the Court in such way as, in view of the varient circumstances of the case, will promote the ends of justice, secure the rights of parties, apd…
2Cases cited1 opinion
- Holley v. . HolleySupreme Court of North Carolina · 1887
3Cited by2 opinions
- Newsome v. NewsomeCourt of Appeals of North Carolina · 1979
- Newsome v. NewsomeCourt of Appeals of North Carolina · 1979