Moore v. Allen
Mississippi Supreme Court
From the circuit court of the first district of Yalobusha county. HoN. Eugene JOHNSON, Judge. This is a habeas corpus proceeding by Yolney Moore to recover ' from G. A. Allen the custody of an orphan child who had been apprenticed to petitioner by the board of supervisors, and who, it is alleged, was unlawfully withheld by defendant.
Read the full summary
From the circuit court of the first district of Yalobusha county. HoN. Eugene JOHNSON, Judge. This is a habeas corpus proceeding by Yolney Moore to recover ' from G. A. Allen the custody of an orphan child who had been apprenticed to petitioner by the board of supervisors, and who, it is alleged, was unlawfully withheld by defendant. The defendant answered, denying that he had custody of the minor, and denying that he had ever prevented petitioner from having or exercising control over him, and averring that the minor would, of his own accord, appear in person at the hearing. The court below…
1Opinion of the CourtWhitfield, J.
Section 3159 et seq., code 1892, are materially different from § 1793, code 1871. The latter act expressly provides for notice " to the parents, next of kin, or friends of such minor, if in the jurisdiction of the court.” Howry v. Calloway, 48 Miss., 587, is based on this statute. The act of November 22, 1865 (Laws, p. 86) §§ 1, 2 and 6, more closely resembles §§ 3159, 3160, code 1892. The act of November 22, 1865, like § 3159, does not expressly require notice to the minor even. In Jack v. Thompson, 41 Miss., 49, this court, however, held such notice necessary; but the clear implication from…
2Cases cited2 opinions
- Jack, a Freedman v. ThompsonMississippi Supreme Court · 1866
- Howry v. CallowayMississippi Supreme Court · 1873
3Cited by1 opinion
- Wirtz v. GordonMississippi Supreme Court · 1938