Hibbette v. Baines
Mississippi Supreme Court
From the circuit court of Attala county. Hon. W. F. Steyens, Judge. Baines, the appellee, was the petitioner or plaintiff in the court below; Mrs. Hibbette and others were defendants there. The opinion states the facts of the case, which was a proceeding by habeas corpus for the custody of petitioner’s children.
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From the circuit court of Attala county. Hon. W. F. Steyens, Judge. Baines, the appellee, was the petitioner or plaintiff in the court below; Mrs. Hibbette and others were defendants there. The opinion states the facts of the case, which was a proceeding by habeas corpus for the custody of petitioner’s children. Where are the happiness and welfare of the children ? W ith their blood relations who have watched, cared for, trained, and educated them for years, and grown devotedly attached to-them, and the children to their blood relations, who have known no other mothers; or with a bankrupt…
1Opinion of the CourtWhiteield, C. J.
We áre relieved of unnecessary fullness in stating the law *703which must govern this case by the consideration that there is little or no difference between counsel as to what that law is, and none in the well-considered cases. Undoubtedly, the father has primarily, by law as by nature, the right to the custody of his children. This right is not given him solely for his own gratification, but because nature and the law ratifying nature assume that the author of their being feels for them a tenderness which will secure their happiness more certainly than any other tie on earth. Because he is the…
2Cases cited29 opinions
- Legate v. LegateTexas Supreme Court · 1894
- Chapsky v. WoodSupreme Court of Kansas · 1881
- Weir v. MarleySupreme Court of Missouri · 1889
- Green v. CampbellWest Virginia Supreme Court · 1891
- Stringfellow v. SomervilleSupreme Court of Virginia · 1898
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3Cited by54 opinions
- Ex Parte DevineSupreme Court of Alabama · 1981
- Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
- Ethredge v. YawnMississippi Supreme Court · 1992
- Rodgers v. RodgersMississippi Supreme Court · 1973
- Sinquefield v. ValentineMississippi Supreme Court · 1931
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