Legal Opinion · Dissent

In Re Hamilton

Supreme Court of North Carolina

Decided September 21, 1921PublishedCited by 28 opinions

Appeal by petitioner from Allen, J., at chambers, 4 March, 1921, from Beaufort. Tbis' is a petition for a writ of habeas corpus to determine tbe right to tbe custody of a child fifteen months of age. Tbe petition was filed before one of tbe judges of tbe Superior Court, who transferred tbe same to tbe juvenile court.

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Appeal by petitioner from Allen, J., at chambers, 4 March, 1921, from Beaufort. Tbis' is a petition for a writ of habeas corpus to determine tbe right to tbe custody of a child fifteen months of age. Tbe petition was filed before one of tbe judges of tbe Superior Court, who transferred tbe same to tbe juvenile court. Tbe judge of tbe juvenile court beard tbe affidavits and evidence, and made bis findings of fact and adjudged that tbe petitioner, who is tbe father of tbe child, was entitled to her custody. Tbe respondents, who are tbe maternal grandparents of tbe child, appealed to tbe judge…

1DissentWalker, J.

This is a petition for a writ of habeas corpus to determine the right to the custody of a child fifteen months of age. (45)

The petition was filed before one of the judges of the Superior Court, who transferred the same to the juvenile court. The judge of the juvenile court heard the affidavits and evidence, and made his findings of fact and adjudged that the petitioner, who is the father of the child, was entitled to her custody.

The respondents, who are the maternal grandparents of the child, appealed to the judge of the Superior Court, who heard the evidence and affidavits and reversed the…

2Cases cited5 opinions

  1. State v. . BurnettSupreme Court of North Carolina · 1920
  2. State v. . CobleSupreme Court of North Carolina · 1921
  3. Stokes v. . CogdellSupreme Court of North Carolina · 1910
  4. In Re WarrenSupreme Court of North Carolina · 1919
  5. Mills v. McDanielSupreme Court of North Carolina · 1912

3Cited by28 opinions

  1. South Carolina v. BaileySupreme Court of the United States · 1933
  2. State v. SparrowSupreme Court of North Carolina · 1970
  3. In Re BurrusSupreme Court of North Carolina · 1969
  4. Crosby v. CrosbySupreme Court of North Carolina · 1967
  5. In Re BlalockSupreme Court of North Carolina · 1951

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